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Modification of Terms of Service
You acknowledge and agree that Splitware may revise these Terms of Service from time to time. By continuing to access or use the Site,
Content, or Services after Splitware makes any such revision, you agree to be bound by the revised Terms of Service. You can view the most
current version of these Terms of Service at any time by visiting http://live.splitware.com/terms.aspx.
Description of Service
The Site and Services are currently designed to allow users to email images and send text messages for display in an online slideshow. In
the event Splitware adds additional features or functionality to the Services or the Site, those features and functionality shall also be
governed by these Terms of Service, unless the Site explicitly states otherwise. You understand and agree that the Services are provided
“AS IS” and “as available,” and that Splitware assumes no responsibility for:
- the timeliness, reliability, or availability of the Services;
- the nature or quality of any results that may or may not be obtained from the Services;
- any third-party content that may be accessed via the Services (including but not limited to any content submitted by other users and
displayed in our slideshow); or
- the deletion, mis-delivery or failure to store any user communications or
personalization settings. You also acknowledge that you are fully responsible for any content that you upload to the Site, for any
modifications you make to that content, and for any resulting images (whether or not they are displayed in the Site’s online slideshow).
Access to Services
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider
or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to access the Services.
Privacy
Splitware may log email addresses, mobile phone numbers, and other technical information associated with your use of the Site.
We do not sell, trade, or otherwise transfer to outside parties this information. This does not include trusted third parties who assist
us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies,
or protect ours or others' rights, property, or safety. However, non-personally identifiable visitor information may be provided to
other parties for marketing, advertising, or other uses.
Responsibility for Your Account
You are responsible for safeguarding any user ID, password, or other credentials that Splitware may provide to you for accessing the
Services (or any portion thereof). You agree not to disclose that information to any third party. You agree to take sole responsibility
for any activities or actions under your user ID and password, whether or not you have authorized such activities or actions. You will
immediately notify Splitware of any unauthorized use of your user ID or password.
Splitware Property – No Unauthorized Use
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of Splitware and its
licensors. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign
countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based
upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not
copy or modify the HTML code used to generate web pages on the Site. You may not attempt to decipher, decompile, disassemble, gain access
to, or reverse engineer the software or technologies used by Splitware to provide the Site or Services (except to the extent such a
prohibition would violate applicable law). You may not use the Site, Content, or Services on or in connection with any other website, for
any purpose, without Splitware’s express written consent.
Your Content
You agree not to upload, modify, and/or submit content to the Site’s slideshow unless:
- the content is lawful and appropriate for displaying to general audiences; and
- you own the content or have been properly authorized to use it and to permit Splitware to use it as described in these Terms of Service.
In particular, and without limiting the preceding sentence, you agree not to submit any content that:
- Is obscene, pornographic, or offensive;
- Is defamatory or violates any person’s right of privacy or publicity;
- Would infringe any person’s copyright, trademark or other intellectual property rights if it is uploaded, modified, or displayed on the Site; or
- Discloses another party’s trade secrets, confidential or proprietary information, or inside information, or any other information whose
disclosure is prohibited under the terms of any employee or fiduciary relationship or by any other law or contract.
With respect to all content you submit to the Site, you authorize Splitware to reproduce, display and otherwise make available the content
to any users of the Site or Services without limitation. You also authorize Splitware, if it chooses, to reproduce, modify, distribute,
publicly display, and otherwise use any such content, in any medium and for any purpose, including but not limited to any use in Splitware’s
advertising and marketing materials related to the Site and/or Services. Splitware shall have the right but not the obligation to screen
submitted content, and/or to delete, remove or refuse to display any content (with or without cause), at any time and without obligation or
liability of any kind to you.
General Prohibitions
You agree not to do any of the following while using the Site, Content or Services:
- Post, publish or otherwise make available to another user any text, graphics, or material that:
- is false or misleading;
- is defamatory;
- invades another’s privacy;
- is obscene, pornographic, or offensive;
- promotes bigotry, racism, hatred or harm against any individual or group;
- infringes another’s rights, including any intellectual property rights; or
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use non-public areas of the Site, Splitware’s computer systems, or the technical delivery systems of
Splitware’s providers;
- Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- Send unsolicited email, junk mail, “spam”, or chain letters, or promotions or advertisements for products or services;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site,
Content or Services to send altered, deceptive or false source-identifying information;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures,
policies or regulations of networks connected to the Service;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code,
files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
- Impersonate or misrepresent your affiliation with any person or entity.
Splitware will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement
and Site security issues, to the fullest extent of the law. Splitware may involve and cooperate with law enforcement authorities in
prosecuting users who violate these Terms of Service. You acknowledge that Splitware has no obligation to monitor your access to or use
of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these
Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Claims of Copyright or Intellectual Property Infringement
Splitware respects the intellectual property of others, and we ask our users to do the same. Splitware may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users or prevent access to the Site by users who infringe the intellectual
property rights of others. If you believe that your work has been copied or used in a way that constitutes copyright infringement, or your
intellectual property rights have been otherwise violated, please provide Splitware’s agent (identified below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or
intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Splitware’s agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
c/o Splitware Corporation
312 Ashford Circle
Dunwoody, Ga. 30338
By email: support@splitware.com
Links
The Site may contain links to third-party websites or resources, and/or may display the content of third-party websites in a frame on
the Site. You acknowledge and agree that Splitware is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources. Linking to or framing such websites or
resources does not imply any endorsement by Splitware of such websites or resources or the content, products, or services available
from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites
or resources.
Termination
If you violate any of these Terms of Service, your permission to use the Site, Content, and Services will automatically terminate. Splitware
reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Splitware also
reserves the right to cease providing or to change the Site, Content, or Services, in whole or in part, at any time and without notice.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, and Services is at your own risk. Splitware will have no responsibility for any harm to
your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.
The Site is Available “AS IS”
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT
LIMITING THE FOREGOING, SPLITWARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT
OR NON-INFRINGEMENT.
SPLITWARE MAKES NO WARRANTY THAT THE SITE, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE,
OR ERROR-FREE BASIS. SPLITWARE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED
THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED
THROUGH THE SITE, CONTENT OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPLITWARE OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity
You agree to defend, indemnify, and hold harmless Splitware, its officers, directors, employees and agents, from and against any
claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out
of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Service.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SPLITWARE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE, CONTENT, OR SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING
FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SPLITWARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE,
EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT SPLITWARE IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH YOU. FURTHER, SPLITWARE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED
ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES.
YOU AGREE THAT THE AGGREGATE LIABILITY OF SPLITWARE TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES
IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO SPLITWARE FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES. THE LIMITATIONS OF DAMAGES
SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPLITWARE AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION
MAY NOT APPLY TO YOU.
Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms
of Service will remain in full force and effect.
Waiver
The failure of Splitware to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Georgia without regard to its conflict
of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be
the state and federal courts located in Dekalb County, Georgia, and each of the parties hereto waives any objection to jurisdiction and
venue in such courts.
Entire Agreement
These Terms of Service are the entire and exclusive agreement between Splitware and you regarding the Site, Content, and Services, and
these Terms of Service supersede and replace any prior agreements between Splitware and you regarding the Site, Content, and Services.
If you have any questions about these Terms of Service, please contact us at support@splitware.com.
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