(B) BY ACTUALLY USING SUBSPLASH' PRODUCTS, SOFTWARE, SERVICES OR WEB SITES (“SERVICES”). YOU UNDERSTAND AND AGREE THAT SUBSPLASH WILL TREAT YOUR USE OF THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT POINT ONWARDS.
All other questions or comments about the Services should be directed to support@Subsplash.com.
If you provide us with any feature requests, comments, suggestions or other feedback ("Feedback"), you hereby: (i) agree that such Feedback is provided on a non-proprietary and non-confidential basis, and (ii) grant us a perpetual, non-exclusive, worldwide, fully paid-up, irrevocable license, with the right to sublicense through multiple levels of sublicensees, to incorporate, disclose, and use without limitation the Feedback for any purpose.
2. Registration for the Service.
3. User Content and Acceptable Use
You should save all of your User Content through alternate storage solutions inasmuch as Subsplash does not warrant the security or reliability of its Services.
We value integrity, truth, and respect for others, and we strive to avoid offending users with User Content, apps, or websites that are inappropriate for our network. For this reason, we don’t allow the publication or promotion of hatred; violence; racism; blasphemy; or sexual, religious, or political content or activity that violates or disparages traditional Christian scripture and values, or organizations with such views.
In addition, the following is prohibited:
• Harassment or perceived harassment of another person.
• Unsolicited mass mailings or "spam".
• Posting User Content determined by Subsplash to be illegal, or to violate any local, state or federal law or regulation or the rights of any person or entity.
• Harmful, offensive and abusive language, including but not limited to: hate speech, expletives, harassment, obscenities, vulgarities, sexually explicit language or images, video or other objectionable content (e.g. nudity, bestiality, pornography).
• Posting User Content that is inappropriate based on the subject matter and the audience.
• Posting User Content that is encrypted or that contains viruses or any other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system or information.
• Posting User Content that violates intellectual property rights of any person.
• Impersonating any person or entity or otherwise misrepresenting your affiliation with a person or entity;
• Posting private or confidential information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Posting any User Content that, in the sole judgment of Subsplash, may expose Subsplash to any harm or liability of any type.
You agree that you will only utilize User Content that you believe to be true and you will not:
• purposefully provide false or misleading information.
• use the Service to violate the security of any computer network, crack passwords or security encryption codes; transfer or store illegal material including that are deemed threatening or obscene;
• create user accounts by automated means or under false or fraudulent pretenses;
• scrape or collect information about other users in an automated fashion or for any purpose other than your participation in a faith community.
Subsplash reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication and terminating the violator's Service without refund.
If you subscribe to the Services, you shall be charged each month in advance for such amount as you select when subscribing for the Services until such time as you or Subsplash terminate the Services. Termination of your account will result in no further charges being made upon your credit card, Paypal or other account, but no refunds shall be issued for any reason except within Subsplash’s sole discretion. All charges and payments shall be in U.S. dollars. For those customers making payment by credit card, Paypal or other method, you authorize Subsplash to bill your credit card, Paypal account or other account (as the case may be) for amounts authorized. Subsplash reserves the right to collect certain taxes or other assessments from you in order to comply with local, state, Federal, or international laws and regulations, as required now or later imposed. If you claim exemption from any taxes, you shall provide Subsplash with documentation required by the taxing authority to support an exemption. Subsplash reserves the right to change the price of its Services upon (30) days notice to you and you will be given the opportunity to terminate the Services prior to such increase becoming effective.”
5. Consent to Receive Emails and Notice
As long as you maintain an account, you may not "opt out" of receiving account-related emails from Subsplash. The parties hereto may give legal notice by means of electronic mail, which electronic mail shall be considered delivered when sent. The notice address of Subsplash shall be support@Subsplash.com (or such other address as is provided by Subsplash to you) via email at your Notice address and your address for the receipt of notices pursuant to this Agreement shall be the current email address listed by you in your account profile. You also agree, unless you opt out, to receive marketing emails related to the Services.
6. Copyright and Limited License
Unless otherwise indicated, the Services and all content on the Services, including, without limitation, the Subsplash logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the "Materials") are the property of Subsplash, its licensors or its customers and are protected by U.S. and international copyright laws.
7. Repeat Infringer Policy.
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, Subsplash has adopted a policy of terminating, in appropriate circumstances and at Subsplash's sole discretion, access to those who are deemed to be repeat infringers. Subsplash may also, at its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others.
8. Copyright Policy
Subsplash respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your copyrighted materials have been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, Subsplash will also terminate a user’s account if the user is determined to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement appearing on the Services is:
Attn: Subsplash Legal
Address: 3257 16th Ave W, Seattle, Wa 98119
Subsplash™, is a trademark of Subsplash, Inc. It may not be used or imitated, in whole or in part, without the prior written permission of Subsplash. You may not use any metatags or any other "hidden text" utilizing" said trademarks or any other name, or product or service name of Subsplash without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Subsplash and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and logos displayed through the Services are the property of their respective owners.
You are granted a limited, non-exclusive, non-transferable right to create a text hyperlink to the Services, provided such link does not portray Subsplash, any of its products and services, in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Subsplash logo or other proprietary graphic to link to the Services without the express written permission of Subsplash. Further, you may not use, frame or utilize framing techniques to enclose any Subsplash trademark, logo or other proprietary information, including the images found through the Services, the content of any text or the layout/design of any page or form displayed through the Services without Subsplash' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Subsplash or any third party.
11. Third Party Content
Subsplash or its customers may provide links to Web pages and content of third parties as a service to those interested in such links and content, and Subsplash may post third party content or allow users to post their content. Subsplash does not monitor or have any control over any Third Party Content or third party Web sites. Subsplash does not endorse or adopt any Third Party Content or third party Website and can make no guarantee as to its accuracy or completeness. Subsplash does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content or third party Websites. You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and You use links, Third Party Content and third party Websites at your own risk. When you leave the Subsplash Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website or services to which you navigate from the Subsplash Services.
Subsplash is not the publisher or author of third party content. It is a passive service for storage and dissemination of the ideas and opinions that Subsplash users and vendors may choose to post. Subsplash does not screen works before they are posted, and no prior approval is required for posting. Subsplash’ activities are subject to the protections of Section 230 of the Communications Decency Act and the safe harbor provisions of Section 512 of the Digital Millenium Communications Act.
12. Third Party Goods and/or Services
The Services may also provide information regarding or link to certain applications and goods and/or services provided or offered by third parties (collectively the "Third-Party Goods and Services"). Subsplash is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third Party Goods and/or Services. Therefore, Subsplash makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Subsplash assumes no responsibility or liability for any Third Party Goods and/or Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Subsplash is not responsible or liable for any Third-Party Services. In the event of a dispute between any consumer and vendor, the parties will work out the dispute themselves.
13. Advertisements and Promotions
Subsplash may run advertisements and promotions from third parties as part of the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Subsplash, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Subsplash is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party advertisers on the Services.
14. WARRANTY DISCLAIMERS
THE MATERIALS AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SUBSPLASH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT OR MATERIALS. SUBSPLASH DOES NOT REPRESENT OR WARRANT THAT MATERIALS, INCLUDING THE INFORMATION AVAILABLE THROUGH THESERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. SUBSPLASH DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SUBSPLASH IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY INFORMATION OR MATERIALS ACCESSED THROUGH THE SERVICES. WHILE SUBSPLASH ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, SUBSPLASH CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND NEUTRALIZE VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
Subsplash reserves the right to change or delete any and all content and any Services at any time without notice.
15. Limitation of Liability
IN NO EVENT SHALL SUBSPLASH OR ANY OF ITS CORPORATE AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES AND AGENTS, BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH ANY USE OF THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THESERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES, LOSS OR INJURY CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM SUBSPLASH, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO SUBSPLASH’ RECORDS, PROGRAMS OR SERVICES. THE AGGREGATE LIABILITY OF SUBSPLASH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF THE SERVICES, SHALL NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO SUBSPLASH FOR ACCESS TO OR USE OF THESERVICES.
SUBSPLASH MAKES NO WARRANTIES REGARDING SECURITY OR RELIABILITY OF THE SERVICES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. Compliance with Laws
You represent and warrant that your use of the Services shall comply with all local, state and federal laws.
18. Term and Termination
This agreement shall continue until such time as either party terminates. You may terminate without cause by deactivating the account from “your account” page. Subsplash has the right to terminate the Services without cause only by providing thirty days prior notice to the email account listed by you in your user account information. In the event this Agreement is terminated, Subsplash will make available to you a file of your data for download for a period of thirty (30) days after termination. You agree and acknowledge that Subsplash has no obligation to retain your data, and may delete such data, thirty (30) days after termination.
19. Termination for Cause
Subsplash may immediately terminate this Agreement in the event of your material breach of the terms or conditions of this Agreement. Any breach of your payment obligations or unauthorized use your account will be deemed a material breach of this Agreement.
21. Applicable Law and Venue
22. Interstate Nature of Communications
You acknowledge that in using Subsplash Services you will be causing communications to be sent through interstate telecommunications networks, which are governed by federal law pursuant to the interstate commerce clause of the US Constitution. Even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. You acknowledge that use of the service results in interstate data transmissions.
23. Assignment; Change in Control
This Agreement may not be assigned by you without the prior written approval of Subsplash but may be assigned without your consent by Subsplash to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Subsplash.
No waiver of any term, provision or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision r condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver.
27. Force Majeure.
If the performance of any part of this Agreement by either party 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 either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.
28. Entire Agreement.
Version 1.1 - 9 Feb 2016