Splashlife User Agreement
Incorporating Splashlife Copyright and Intellectual Property Policy and Splashlife Mature Content & Community Rules
Welcome to Splashlife. This is the important Agreement that governs and guides your relationship with us. It may be long and boring, but lawyers worked very hard on this and they need love too.
Splashlife, Inc. and its subsidiaries (collectively, “Splashlife”, “we”, “us” or “our”) provide services and offerings and any features, content or applications offered by Splashlife in connection therewith (“Splashlife Service” or “Service” as more specifically described below) to you subject to the following User Agreement. In addition, when using the Splashlife Service, you shall be subject to any guidelines, policies and operating rules applicable to such service, which may be posted on the Splashlife website from time to time. All such guidelines and rules are incorporated by reference into this User Agreement.
Acceptance of Terms
PLEASE READ this Agreement CAREFULLY. By accessing or using the Splashlife Service, you, either an individual or a single entity ("you" or "your" as applicable), agree to be bound by the notices, terms and conditions in this Agreement. If you register with the Splashlife Service on behalf of a business or other entity, you represent to Splashlife that you have the authority to bind that business or entity and your acceptance of this Agreement will be treated as acceptance by that business or entity. In that event, "you" and "your" will refer to that business or entity in this Agreement. If you do not agree to all terms and conditions in this Agreement, you may not use the Splashlife Service.
The Splashlife Service is only available to users who are over the age of 18, are emancipated minors, or possess legal parental or guardian consent, and are fully able and competent to enter into and abide by the terms, conditions, obligations, representations and warranties set forth in this Agreement. If you are under 13 years of age, you may not register for or use the Splashlife Service.
The Splashlife Service
The Splashlife Service is comprised of:
- the Splashlife website (the “Site”), currently located at www.splashlife.com (and/or any successor or additional website(s) owned or operated by or for Splashlife);
- the Splashlife syndication network (which includes third party websites, television broadcast, cable channels and folders and any other format of textual and/or audio-visual distribution or interactivity, whether now in existence, implemented in the future and operating or usable anywhere in the universe);
- the servers operated by or on behalf of Splashlife; and/or
- any other technology and/or services that Splashlife provides its users and/or members.
The Splashlife Service may enable you to make content available to other users of the Splashlife Service and to access content made available by other users of the Splashlife Service. All comments and other communications posted or published by you or other users on the Splashlife Service, including in any bulletin board, chat, discussion group, feedback area, news group or email, are referred to as "User Material." "Video Material," for purposes of this Agreement, is any video or audiovisual material that you upload, post or submit to the Splashlife Service. (The terms “upload”, “post”, “publish” or “submit” whenever used in this Agreement as applicable to you shall be interchangeable and shall each be deemed to include, collectively, any posting, uploading, e-mailing, submission, publishing or other provision of material to Splashlife.) "Publisher Material," for purposes of this Agreement, is any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features (collectively with the User Material and the Video Material, the "Material"). The term “Material” as used herein applies to all materials provided by all users but reference to any representations and warranties by you regarding Material apply only to Material provided by you.
By posting Material to the Splashlife Service, you grant Splashlife the right to use and distribute it throughout the Splashlife Service. You shall be solely responsible for your own Material and the consequences of posting or publishing it on the Splashlife Service. In that connection, with respect to Material that you make available on the Splashlife Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Splashlife to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Material to enable inclusion and use of the Material as part of the Splashlife Service and in the manner contemplated by this Agreement. By submitting, posting, uploading, emailing or otherwise providing Material to the Splashlife Service, you hereby grant (or warrant that the owner of such rights has expressly granted) Splashlife the non-exclusive, royalty-free, perpetual, irrevocable, unrestricted, sublicensable, assignable and transferable licenses, throughout the universe, (i) to use, reproduce, stream, modify, distribute, prepare derivative works of, display, publish, exhibit, exploit, license, perform and transmit the Material in any media formats and through any means or media now known or hereafter devised, and (ii) to use, reproduce, stream, transmit, exhibit and display, and to permit others to use, reproduce, stream, transmit, exhibit and display any trademarks, service marks, slogans, logos or similar proprietary rights contained or embodied in the Material. Without limiting the foregoing grant of rights, Splashlife shall have the right, to the full extent granted to Splashlife with respect to the Material, to use, reproduce, stream, modify, distribute, prepare derivative works of, display, publish, exhibit, exploit, license, perform and transmit the Material as such Material may contain any trademarks, service marks, slogans, logos or similar proprietary rights contained or embodied in the Material. You warrant that all so-called “moral rights” in the Material you submit have been waived, and you hereby waive any such rights. You also hereby grant each user of the Splashlife Service a non-exclusive license to access your Material through the Splashlife Service, and to use, reproduce, stream, modify, distribute, prepare derivative works of, display, publish, exhibit, exploit, license, perform and transmit such Material as may be permitted through the functionality of the Splashlife Service and under this Agreement. You indemnify and hold harmless Splashlife and/or its users or members from the consequences of your breach of the foregoing warranties and/or agreements.
Splashlife is a managed environment for which Splashlife reserves the right at its sole discretion to approve, edit or remove accounts and/or Material that are inconsistent with Splashlife's policies, which are determined solely by Splashlife and which may change from time to time. Accordingly, Splashlife does not guarantee that any Material will be made available on the Splashlife Service, whether continuously or at all. Splashlife shall have no obligation to monitor any Material. However, Splashlife and its agents reserve the right to monitor any Material from time to time for any lawful purpose. Splashlife may, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Material or if Splashlife is concerned that you may have violated the Agreement) or for no reason at all, remove or block any Material or other content from the Splashlife Service, including disabling access to any such Material that you have downloaded through the Splashlife Service. The purpose of Splashlife videos and copy is, among other things, to encourage users to enhance their lives and the world around them and to make available for purchase products and services using the Splashlife platform; accordingly, users may not refer to non-Splashlife-affiliated or competitive websites (including URLs), phone numbers or addresses in their Material, and, without limiting any or Splashlife’s rights herein, Splashlife reserves the right to remove or edit Material that violates this policy.
To register as a member, you will have to create an account. As a condition to using certain components of the Splashlife Service, you will be asked to register with Splashlife and select a password and screen name ("Splashlife Username"). You shall provide Splashlife with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Splashlife account. You may not:
- select or use as a Splashlife Username a name of another person with the intent to impersonate that person;
- use as a Splashlife Username a name subject to any rights of a person other than you without appropriate authorization; or
- use as a Splashlife Username a name that is offensive, vulgar or obscene.
Fees and Services
Becoming a member of the Splashlife Service at this time is free, but Splashlife reserves the right at any time in the future to charge an initial and/or a periodic fee for new memberships and for the renewal of existing memberships. Splashlife may charge fees for certain products and services. Changes to our fee policy are effective after Splashlife provides you with fourteen (14) days' notice of the changes by posting the changes on the Splashlife Service (that is, such changes will be effective fourteen (14) days after Splashlife posts the changes). However, Splashlife may choose to temporarily change the fees for Splashlife's services for promotional and campaign related services, and such changes are effective immediately upon Splashlife posting the temporary promotional event on the Splashlife Service, and for the time period specified in the posting. Splashlife may, at Splashlife's sole discretion, change some or all of Splashlife's services at any time. Splashlife reserves the right to charge different fees to different users, depending on such factors as when the user becomes a member, the length of the membership, or particular attributes of the user (such as a particular age group). In the event Splashlife introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using the Splashlife Service and all applicable taxes.
Splashlife is not a traditional retailer. Although Splashlife is sometimes referred to as an online marketplace, it is important for you to realize that Splashlife is not a traditional "retailer." Instead, Splashlife acts as a venue to allow companies and other individuals to offer, sell, and buy certain goods or services, in compliance with the policies of Splashlife. Splashlife may not be involved in the actual transaction between buyers and sellers. As a result, Splashlife has no control over the quality, safety or legality of the goods or services advertised, the truth or accuracy of the listings, the ability of sellers to sell goods or services or the ability of buyers to pay for goods or services. Splashlife cannot guarantee that a buyer or seller will actually complete a transaction. Consequently, Splashlife does not transfer legal ownership of property from the seller to the buyer and both the title and the risk of loss for any goods or services pass directly from the seller to the buyer (and not through Splashlife).
Splashlife may use any available technique to verify the accuracy of the information Splashlife's users provide to Splashlife when they register on the Splashlife Service. However, because user verification on the Internet is difficult, Splashlife cannot and does not confirm each user's purported identity.
Because Splashlife is a venue, in the event that you have a dispute with one or more merchants on any Splashlife Service or Splashlife users, you hereby release Splashlife (and Splashlife's officers, directors, agents, parents, subsidiaries, affiliates, joint venturers, partners, employees, assignees and successors) from any and all claims, demands, actions, liabilities, losses and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Splashlife may not control the information provided by other users that is made available through our system. You may find other users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense, and practice safety, when using Splashlife. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using the Splashlife Service, you agree to accept such risks and that Splashlife (and our officers, directors, agents, parents, subsidiaries, affiliates, joint venturers, partners, employees, assignees and successors) is/are not responsible for any of your acts or omissions in connection with Splashlife or the Splashlife Service.
A buyer is obligated to complete the purchase of an item or service on or through Splashlife immediately at the time of making a commitment to purchase. A buyer must abide by all of Splashlife's policies and the respective merchant’s and/or partner’s policies.
Splashlife will from time to time bill you via credit card to pay for transactions initiated by you (including, without limitation, any Splashlife membership fees). If there is any charge which you consider to be inaccurate, you must send us an email within fifteen (15) days of the date the invoice was sent, to billing@Splashlife.com, so that we can attempt to resolve the issue. If you are unable to respond before any disputed charge has been posted to your credit card, please do not challenge the amount with the credit card company, but instead notify Splashlife and we will work with you to resolve the issue as quickly as possible.
All sales and other transactions initiated by and/or agreed to by you are binding. Without limiting any other rights or remedies, Splashlife, without notice, may suspend or terminate your account if Splashlife suspects, in its sole discretion, that you have violated any of Splashlife's policies, including those set out in this Agreement or any community guidelines posted on the Splashlife Service, or that you have engaged in an improper or fraudulent activity in connection with Splashlife.
The Site Does Not Provide Medical or Other Professional Advice
All information on the Splashlife Service is of a general nature and is furnished for educational purposes only. No information contained on the Splashlife Service or in any e-mail sent to you by Splashlife ("Splashlife Content") is to be taken as medical or other health advice pertaining to any individual’s specific health or medical condition, or as professional advice of any kind. Although we make an effort to provide quality information to you, Splashlife disclaims any implied guarantee regarding the accuracy, completeness, timeliness, or relevance of any Splashlife Content. The Splashlife Content is not a diagnosis, treatment plan, or recommendation for a particular course of action regarding your physical or mental health and is not intended to provide specific medical advice, legal advice or other professional advice. It remains your responsibility to evaluate the accuracy, completeness, and usefulness of all Splashlife Content. Splashlife is not engaged in rendering medical or professional services. The Splashlife Content is not a substitute for the diagnosis and advice of a healthcare professional or legal or other professional, and the Splashlife Content must not be used in place of such diagnosis or advice. Do not delay seeking the diagnosis and advice of your healthcare professional or legal or other professional because of anything you may have read or interpreted in the Splashlife Content. Consult a healthcare professional, legal professional or other applicable professional before practicing any recommendations or acting on any Splashlife Content. The Splashlife Content is not to be interpreted as advocating the self-management of your medical condition(s) or those of your family or friends.
YOU ACKNOWLEDGE THAT SPLASHLIFE IS NOT ENGAGED IN THE PRACTICE OF EDUCATION, SOCIAL WORK, LAW, TAX ADVISING, FINANCIAL ADVISING, MEDICINE, PSYCHOLOGY OR PSYCHIATRY AND THAT ALL DECISIONS MADE USING THE SPLASHLIFE CONTENT WILL BE THE EXCLUSIVE RESPONSIBILITY OF YOU AND YOUR PHYSICIAN OR OTHER APPROPRIATE AND QUALIFIED PROFESSIONAL ADVISOR. SPLASHLIFE AND ITS AFFILIATES EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY ADVERSE CONSEQUENCES OR DAMAGES RESULTING FROM YOUR RELIANCE ON THE SPLASHLIFE CONTENT. You agree, at your expense, to indemnify and hold Splashlife (and Splashlife's officers, directors, agents, parents, subsidiaries, affiliates, joint venturers, partners, employees, assignees and successors) harmless from any and all losses, liabilities, or damages resulting from any and all claims, causes of action, suits, proceedings, or demands against Splashlife arising from or related to decisions or recommendations you make using the Splashlife Content.
Earning Points and Redeeming Points
You may earn SplashPoints (“Points”) through your use of the Splashlife Service, such as when you volunteer, donate to certain charities or to the Splashlife Member Fund, answer survey questions, take a quiz, register your friends to vote, lobby your Member of Congress, or, under certain defined circumstances, otherwise use or engage with the Splashlife Service or, in some cases, with some of our partners. Good for you. In order to earn points, you must log onto Splashlife and either self-report your earned Points and, if required, validate the fact that you earned them, or in certain situations they will be added for you by Splashlife or by third parties. This can be done at any time and there will be a lag between the time you earn Points and the time they show up in your account. If earned Points do not show up in your account within 45 days, please email us at email@example.com and we will investigate. Please send us anything helpful to prove you earned the Points. Points are not themselves redeemable for cash or any other value. They accumulate over time and demonstrate how well you are doing by Splashlife standards. Under certain circumstances, your accumulated total Points may entitle you to discounts if you purchase products or services through us or from certain third parties, and unique opportunities to participate in obtaining certain products, services, events or experiences. Points expire 12 months from the date they are earned. Points earned have no cash value, cannot be redeemed for cash, and can only be used as specified. Points earned and/or awarded are personal and exclusive to the recipient. Points cannot be transferred or pooled except as may be specifically permitted under Splashlife’s published rules and policies.
Participation in the Splashlife Points Program (the "Program") is subject to any terms and conditions, rules, regulations, policies, and procedures ("Program Rules") that Splashlife may, at its discretion, adopt from time to time. Splashlife has the sole right to interpret and apply the Program Rules. Any failure to follow Program Rules, abuse of Program privileges, conduct detrimental to the interests of Splashlife, or misrepresentation of any information furnished to Splashlife by you, or anyone else acting on your behalf, may result in the termination of your, membership, the cancellation of accrued Points, or both.
Points and their benefits are offered at the discretion of Splashlife, and Splashlife has the right to terminate the Program or to change the Program Rules, regulations, benefits, or conditions of participation, in whole or in part, at any time, with or without notice, even though changes may affect Points already accumulated. Any examples given in this Agreement of situations where Points may be earned are for purposes of illustration only, and Splashlife may or may not grant Points in such situations, as determined by Splashlife in its sole discretion from time to time.
In accumulating Points, you may not rely upon the continued opportunity to vote or redeem Points through the Splashlife Services and/or in connection with the Splashlife Member Fund and/or any other Splashlife modality offered to Members now or in the future.
You shall be responsible for remaining knowledgeable as to the Program Rules and the number of points in your account. Splashlife may attempt to advise active members of various matters of interest through such means as may be appropriate, such as account summaries, newsletters and its web site, but Splashlife shall have no liability for any failure to do so.
Splashlife shall have no liability for partner withdrawals from the Program or for changes or cancellations caused by partner withdrawals, discontinued Splashlife services, or for any other reason. Splashlife may change the number of Points required for partner offers or impose other restrictions on use of partner offers or awards.
Points do not constitute your property. Points are not transferable upon death, as part of a domestic relations matter, or otherwise by operation of law. Points cannot be sold, bartered, or gifted. Points earned in two or more different accounts may not be combined to redeem any award.
Representations and Warranties
You represent and warrant (and you can and will demonstrate to Splashlife’s full satisfaction upon its request) that:
- You own or have the necessary licenses, rights, consents and permissions to use and authorize Splashlife to use each and every image and sound contained or embodied in the Material and to enable use of the Material in the manner contemplated by this Agreement, and you have the written consent, release, and/or permission to use the name and/or likeness of each and every identifiable individual person and to include and use such individual’s name or likeness in the Material in the manner contemplated by this Agreement. You represent and warrant that the use or other exploitation of the Material on or through the Splashlife Service or otherwise does not violate the privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights of any person or entity. You have full authority to act on behalf of any and all owners of any right, title or interest in and to any Material.
- You represent and warrant that you have full authority to enter into this Agreement, and own or control all rights necessary, including without limitation any third-party consents, licenses and permissions, to fully perform your obligations under this Agreement. You will perform your obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance. You will not post or upload any Material if such transaction could cause Splashlife to (i) violate any applicable law, rule or regulation or (ii) violate or infringe the rights of any third party.
Prohibited, Questionable and Infringing Items
You represent, warrant and agree that any Material posted on the Splashlife Service shall not:
- be deceptive, false, inaccurate or misleading;
- be fraudulent or involve the sale of illegal, counterfeit, stolen items or items which violate the policies of Splashlife;
- infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- be abusive, defamatory, libelous, threatening, harassing, invasive of another’s privacy, tortious, offensive or profane;
- be obscene or contain child pornography, and all such Material shall also be subject to the Mature Content & Community Rules as outlined in the policies of Splashlife below.
- contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or
- create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Behavior and Member Conduct
You may not take any actions that may undermine the integrity of Splashlife or the Splashlife Service. Splashlife may, without prior notice and at its sole discretion, limit your use of the Splashlife Service based upon your behavior. Splashlife may, without prior notice and at its sole discretion for any reason, fully or partially suspend and/or terminate your membership. You will then, in the sole discretion of Splashlife either temporarily or permanently lose any ability to use any accumulated Points in the Service.
Content on Splashlife
Content on the Splashlife Service is meant for all audiences. You understand that you will be exposed to Material from a variety of publishers and that Splashlife is not responsible for the accuracy, usefulness, safety, or compliance with the intellectual property rights of owners of such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Splashlife (or Splashlife's officers, directors, agents, parents, subsidiaries, affiliates, joint venturers, partners, employees, assignees and successors) with respect thereto.
Splashlife grants you permission to use the Splashlife Service subject to all of the terms and conditions set forth in this Agreement.
As a condition of use, you agree not to use the Splashlife Service for any purpose that is unlawful. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as U.S. copyright laws). Any unauthorized use of the Splashlife Service is expressly prohibited.
By way of example, and not as a limitation, you agree not to take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Material using any communications service or other service available on or through the Splashlife Service that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, offensive, profane, pornographic or obscene, or promotes hate or incites violence;
- misrepresents the source or identity of any content;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming") or a chain letter, a pyramid scheme or any other similar solicitation;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data or other information of Splashlife or any third party;
- impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of Splashlife; or
- constitutes an offer, for sale or otherwise, of any firearms, explosives, weapons, tobacco products, controlled substances, pharmaceuticals, counterfeit or stolen articles, registered or unregistered securities or any items that would cause Splashlife to violate any applicable law or regulation.
In addition to this Agreement, your use of any content or material found on the Splashlife Service may be subject to separate license terms as set forth by third parties.
Additionally, you agree that you will not:
- take any action that imposes, or may impose, in Splashlife's sole discretion, an unreasonable or disproportionately large load on Splashlife's infrastructure;
- interfere or attempt to interfere with the proper working of the Splashlife Service or any activities conducted on the Splashlife Service;
- bypass any measures Splashlife may use to prevent or restrict access to the Splashlife Service, other accounts, or computer systems or networks connected to the Splashlife Service;
- run Maillist, Listserv, or any form of auto-responder or "spam" on the Splashlife Service; or
- interfere with any other user’s enjoyment of the Splashlife Service, including, without limitation, accessing an account of a Splashlife user that is not yours.
You may not (and may not permit others to), directly or indirectly, modify, translate, decompile, disassemble, or reverse engineer any part of the Splashlife Service or any content available through the Splashlife Service or technology used by Splashlife or its partners in connection with the Splashlife Service (except to the limited extent applicable laws specifically prohibit such restriction), or copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. In addition, you may not remove any proprietary notices or labels.
You shall not launch or otherwise use any robot, spider, scraper or other automated means to access the Splashlife Service in a manner which sends more request messages to the Splashlife server in any given period of time than a typical human would normally produce in the same period by using a conventional on-line web browser to read, view and submit materials. Notwithstanding the foregoing, we grant the operators of search engines permission to use robots to copy materials from the Site for the sole purpose of creating publicly available searchable indexes of the materials, but not caches or archives of the materials, provided that we reserve the right to revoke these exceptions either generally or in specific cases.
You shall not harvest or collect information from the Splashlife Service, including, without limitation, information about other users of the Splashlife Service. The use of any information obtained through the Splashlife Service or while on the Splashlife website is limited to the express purposes set forth in this Agreement; all other uses are strictly prohibited.
Unless expressly authorized, you shall not frame or otherwise display anywhere and in any form any portion of the Site or any of its contents. No hyperlinks to any password-protected web pages on the Splashlife.com website are allowed. Hyperlinks to non-restricted pages are allowed, subject to review and termination by Splashlife in our sole discretion.
The content accessible through the Splashlife Service, including without limitation, the Material, text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (collectively, the "Splashlife Content") and the trademarks, service marks and logos contained therein (the "Marks"), are owned by or licensed to Splashlife, and protected by copyright and other intellectual property rights under United States and foreign laws and international conventions. Except as set forth in this Agreement, the Splashlife Content and Marks are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever except as set forth in this Agreement and with the prior written consent of Splashlife and any other respective owner or owners. Splashlife reserves all rights not expressly granted in and to the Splashlife Service and the Splashlife Content. You may, to the extent you are expressly authorized to do so, download, print or copy the Splashlife Content for personal use only, provided you retain all copyright and other proprietary notices contained in or on such Splashlife Content. You shall not store any significant portion of any Splashlife Content in any form. Copying or storing of any Splashlife Content for other than personal use is expressly prohibited without prior written permission from Splashlife, or from the copyright holder identified in such content's copyright notice. You agree not to circumvent, disable or otherwise interfere with security-related features of the Splashlife Service or features that prevent or restrict use or copying of any Splashlife Content.
You shall abide by all copyright notices, information, and restrictions contained in any Splashlife Content accessed through the Splashlife Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Splashlife Content (i) without the written consent of Splashlife and any other respective owner(s) or other valid rights-holder(s), or(ii) in any way that violates any third party right(s).
Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Material or any other content found on the Splashlife Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature, electronically or by facsimile transmission or postal mail with return receipt requested and retained, of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing, including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail to permit Splashlife to locate the material and verify its existence;
- Information reasonably sufficient to permit Splashlife to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Splashlife's designated Copyright Agent to receive notifications of claimed infringement is: Splashlife, Inc. attention Brian Casey, c/o PO Box 241594 Los Angeles, CA 90024, phone (424 256 2352), firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Splashlife customer service through email@example.com or such other email address as elsewhere indicated. You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid.
If you believe that your Material that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your Material, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature electronically or by facsimile transmission or postal mail with return receipt requested and retained;
- Identification in sufficient detail of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal courts in Los Angeles, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Splashlife may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Splashlife's sole discretion. Splashlife reserves the right not to restore the removed content, even if it is found not to be infringing, in Splashlife’s sole discretion.
Splashlife may terminate your access to all or any part of the Splashlife Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information and Points associated with your membership. You may terminate your use of the Splashlife Service at any time by following the instructions on the Site, provided that all provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Any fees paid hereunder are non-refundable.
Splashlife has no special relationship with or fiduciary duty to you. You acknowledge that Splashlife has no control over, and no duty to take any action regarding: which users gain access to the website; what Splashlife Content you access via the Splashlife Service; what effects the Splashlife Content may have on you; how you may interpret or use the Splashlife Content; or what actions you may take as a result of having been exposed to the Splashlife Content. You release Splashlife from all liability for your having acquired or not acquired Splashlife Content through the Splashlife Service. The Splashlife Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Splashlife makes no representations concerning any Splashlife Content contained in or accessed through the Splashlife Service, and Splashlife will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Splashlife Service.
THE SPLASHLIFE SERVICE, SPLASHLIFE CONTENT AND MARKS ARE PROVIDED BY SPLASHLIFE "AS IS" AND "AS AVAILABLE". SPLASHLIFE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE SPLASHLIFE SERVICE OR THE SPLASHLIFE CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, SPLASHLIFE DISCLAIMS ALL WARRANTIES REGARDING THE SPLASHLIFE SERVICE AND THE SPLASHLIFE CONTENT AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, OR THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE SPLASHLIFE SERVICE. EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES, YOU AGREE THAT USE OF THE SPLASHLIFE SERVICE SHALL BE AT YOUR SOLE RISK. FURTHER, SPLASHLIFE DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY OR BY SPLASHLIFE ITSELF THROUGH THE SPLASHLIFE SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND SPLASHLIFE WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO. SPLASHLIFE, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, JOINT VENTURERS, PARTNERS, ASSIGNEES, SUCCESSORS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SPLASHLIFE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY SPLASHLIFE CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SPLASHLIFE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SPLASHLIFE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SPLASHLIFE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES AND JURISDICTIONS MAY LIMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT FULLY APPLY TO YOU.
Limitation of Liability
IN NO EVENT SHALL SPLASHLIFE OR ITS AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURERS, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND/OR ASSIGNEES BE LIABLE TO YOU OR ANY THIRD PARTY FOR INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER, INFORMATION HANDLING DEVICES OR SYSTEMS OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SPLASHLIFE SERVICE, OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE SPLASHLIFE SERVICE (INCLUDING BUT NOT LIMITED TO, SPLASHLIFE CONTENT OR SPLASHLIFE MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SPLASHLIFE OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPLASHLIFE ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY SPLASHLIFE CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SPLASHLIFE SERVICE; ANY UNAUTHORIZED ACCESS TO OR USE OF THE SPLASHLIFE SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SPLASHLIFE WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SPLASHLIFE SERVICE BY ANY THIRD PARTY; AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SPLASHLIFE SERVICE OR ANY SPLASHLIFE CONTENT, INCLUDING ANY MATERIAL POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE SPLASHLIFE SERVICE. SPLASHLIFE'S LIABILITY (AND THE AGGREGATE LIABILITY OF SPLASHLIFE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, JOINT VENTURERS, PARTNERS, ASSIGNEES, SUCCESSORS AND CONTENT PROVIDERS) IN ANY EVENT FOR ANY DAMAGES UNDER THIS AGREEMENT SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IF ANY PART OF THE LIMITATION OF LIABILITY SET FORTH ABOVE IS UNENFORCEABLE UNDER APPLICABLE LAW, SPLASHLIFE'S LIABILITY (AND THE AGGREGATE LIABILITY OF SPLASHLIFE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENTS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, JOINT VENTURERS, PARTNERS, ASSIGNEES, SUCCESSORS AND CONTENT PROVIDERS) WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless Splashlife and its parents, affiliates, subsidiaries, licensors and distribution partners and their respective officers, directors, employees and/or agents (collectively, "Splashlife Indemnitees") from and against any and all claims, actions, damages, judgments, obligations, losses, liabilities, costs and expenses (including but not limited to reasonable attorneys fees) arising from:
- your use of and access to the Splashlife Service;
- your violation of any term of this Agreement;
- your violation or infringement, or any violation or infringement by any third party using your Splashlife account, of any third party right, including without limitation any copyright, other intellectual property right, or privacy right;
- any claim that any of Material you upload and publish on the Splashlife Service caused damage to a third party;
- your breach of any representation or warranty under this Agreement; or
- your acts, omissions, negligence or misconduct (collectively, "Claims").
You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to the Splashlife Indemnitees. Splashlife shall have the right, in its sole discretion, to select its own legal counsel to defend the Splashlife Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Splashlife Indemnitees in connection therewith. You shall not, without the prior express written approval of Splashlife, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Splashlife Indemnitee. This defense and indemnification obligation will survive this Agreement and your use of the Splashlife Service.
If you do not accept all of the terms and conditions set forth in this Agreement, you may not access or use the Splashlife Service.
Splashlife shall have the right to modify this Agreement or change, suspend, or discontinue the Splashlife Service (including, without limitation, the availability of any feature or content) at any time at its sole discretion by posting a notice of any such change on the Site. It is your responsibility to check the Site regularly for any such changes. Your use of the Splashlife Service following such posting shall be deemed to constitute your acceptance of such modification. This Agreement may not otherwise be changed or modified, except in a writing signed by an authorized representative of Splashlife.
If any provision of this Agreement is found illegal or unenforceable, it shall be deemed enforceable to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. No delay or failure by Splashlife to exercise or enforce any of its rights under this Agreement will act as a waiver of such rights.
Splashlife shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Splashlife’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
The Agreement is personal to you, and is not assignable, transferable or sub-licensable by you except with Splashlife’s prior written consent. Splashlife may assign, transfer or delegate any of its rights and obligations hereunder without your consent.
No agency, partnership, joint venture, or employment relationship is created as a result of the Agreement and you shall not have any authority of any kind to bind Splashlife in any respect. In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover actual costs and reasonable attorneys' fees.
Whenever the word “or” is used in this Agreement, it is intended to have the same meaning as “and/or”, so that the sentence, phrase or other part in which the word “or” appears be considered in both the conjunctive and disjunctive sense, unless the context could only mean that the disjunctive was intended.
All notices under the Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
As a convenience for its users, Splashlife may provide links on the Site to other websites owned by third parties. Unless otherwise stated, Splashlife does not endorse or control these third parties and takes no responsibility for them or their websites.
Splashlife makes no representations that the Splashlife Service is appropriate or available for use in locations outside the United States of America. Those who access or use the Splashlife Service from other jurisdictions do so at their own risk and are responsible for compliance with local law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County of the State of California for any claim or action arising out of or relating to this Agreement or your use of the Splashlife Service. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles, California, using the English language, in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by a single, neutral arbitrator with substantial experience in resolving commercial contract disputes, who may or may not be selected from the appropriate list of JAMS arbitrators. If the parties cannot agree upon the number and identity of the arbitrator within fifteen (15) days following the date of submission of the matter to arbitration, then a single arbitrator shall be selected on an expedited basis in accordance with the Arbitration Rules and Procedures of JAMS. Any arbitrator so selected shall have substantial experience in resolving commercial contract disputes. The arbitrator shall have the authority to grant specific performance and to allocate between the parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator, provided that a permanent injunction and damages shall only be awarded by the arbitrator.
- You agree that: ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO SPLASHLIFE, THE SPLASHLIFE SERVICE, OR THIS AGREEMENT MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorneys fees, expenses and costs incurred in connection with the litigation.
Splashlife Mature Content & Community Rules
Our community is all about leveraging the potential and the actual and latent creativity, passion, independence, citizenship and entrepreneurism of our community members. The Splashlife community's success depends on trust--and we put a lot of that trust in you.
Anything flagged "inappropriate" will be reviewed
After a posting is flagged as inappropriate or we receive a complaint, we'll try to review it to see if it violates our User Agreement. Flagged videos and any other postings are not automatically taken down by the system. If, after reviewing your posting, we remove it, that means we did so deliberately and you should take our warning notification seriously. Go back and check out our User Agreement again and think about it from our perspective. If you see other things on Splashlife with similar violations, please flag them and we'll review them, too.
Use your common sense
Without limiting any of the foregoing, here are some handy dos and don'ts to help you stay within acceptable usage: Forget about pornography or sexually explicit content. We just won't tolerate it. If any of the media you upload fits this description, even if it's of yourself, don't upload it on Splashlife. Splashlife works closely with local and federal law enforcement to keep an eye on any illicit activities.
- If your video shows someone getting hurt, attacked, or humiliated, don't upload it. We do not allow graphic or gratuitous violence on Splashlife.
- Splashlife is not the place to post anything disgusting and/or offensive. Please do not post sick videos of accidents, dead bodies or similar things.
- Don't upload videos of animal abuse, drug abuse, bomb making, or anything bad like that.
- Copyright is king. Only upload videos that you made or that you have the rights to use. In other words: no videos you didn't make, no content in your videos that someone else owns the copyright to (like music tracks, clips of copyrighted programs, or videos made by other users), without their permission.
- We enjoy and support free speech as much as the next person, and we stand by your right to express an unpopular point of view. However, we don't tolerate hate speech (this is speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, or sexual orientation/gender identity) or other mean, spiteful, demeaning or derogatory postings we determine to be inappropriate. And our determination in all such matters is final.
- Spam sucks. Promoting yourself is okay, but it's pretty obvious when people post lots of untargeted, unwanted or repetitive content, including comments and private messages, just to get more traffic. Don't create misleading descriptions, tags, titles or thumbnails.
- We have zero tolerance for predatory behavior. Anyone caught doing these things may be permanently banned from Splashlife: stalking, making threats, harassing, invading privacy, or revealing other members' personal information. Just don't do it.
We are serious about our rules and we hope you will be, too. The spirit of Splashlife is about cooperation and community (remember the "trust" part?), and we want this to be a place where everyone can interact happily. If you violate the User Agreement, you may get a warning notification or it may result in termination of your account, including your Points, and deletion of your content. It's up to us whether your violation of our User Agreement should result in termination of your account and your Points. And once you're out, you're out. If we terminate your account for violation of our User Agreement, you are prohibited from ever creating another account. Splashlife reserves the right to determine in its sole discretion what is allowed and what is not.
Splashlife for all
You, along with the other members of our community, make Splashlife what it is. It's your community, so get involved. Enjoy. There's so much to see and share. Come in, look around, hang out. Enjoy.
- Share the love. When you find something amazing, tell everyone. Rate a video, leave feedback, or save it as your favorite. It's such a fun way to share your taste with the world and find others who dig your style.
- The good, the bad and the ugly. We all have different taste. Some stuff you will love and some…not so much. But if you find something that truly offends you, and you think it violates our User Agreement, then submit it for review by Splashlife staff.
- Thanks for taking the time to read through this Agreement. It wasn't so bad, right? Now get out there and enjoy Splashlife. Carpe diem.
- The Splashlife Team
You may contact Splashlife at the following address: c/o PO Box 241594 Los Angeles, CA 90024.
Effective Date: September 1st, 2010.