End User License Agreement
This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SplashPost Hong Kong, (henceforth "SplashPost") with regards to the copyrighted software and intellectual property of SplashPost, (henceforth “SplashPost Services”) presented in this EULA.
SplashPost provides its users with a custom Facebook marketing service, . The service is offered through our Site www.SplashPost.com and other distribution channels we may, from time to time, make use of. The services offered by SplashPost may be used for both personal and business purposes.
Acceptance of the Terms
The SplashPost Services includes software, the associated media, and printed materials, and any “online” or electronic documentation. Use of any software and related documentation provided to you by SplashPost in whatever form or media, will constitute your acceptance of these terms. If you do not agree with the terms of this EULA, do not download, install, copy or use the Software. By installing, copying or otherwise using the Software, you agree to be bound by the terms of this EULA.
SplashPost does not claim any ownership rights to the text, files, images, photos or any other materials (collectively, "Content") that you post on or through the SplashPost Services. By displaying or publishing ("posting") any Content on or through the SplashPost Services, you hereby grant to SplashPost and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the SplashPost Services. SplashPost and/or other Users may copy, print or display publicly available Content outside of the SplashPost Services, including without limitation, via the Site or third party websites or applications.
After you remove your Content from SplashPost we will cease distribution, as soon as practicable, and at such time when distribution ceases, the license to such Content will terminate. If after we have distributed your Content outside the SplashPost Services you change your privacy setting or remove your Content, we will cease any further distribution of such "private" or removed Content outside the SplashPost Services as soon as practicable. Some of the SplashPost Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that SplashPost may place such advertising and promotions on the SplashPost Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
You represent and warrant that:
- you own the Content posted by you on or through the SplashPost Services or otherwise have the right to grant the license set forth in this section,
- the posting and use of your Content on or through the SplashPost Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and
- the posting of your Content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the SplashPost Services.
- Your uploads will be moderated by SplashPost, based on other users reports and on SplashPost moderators. If your Content is found to be offensive, your content will be removed without notification and your access to SplashPost will be blocked. Also, although SplashPost will normally only delete Content that violates this Agreement, SplashPost reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by SplashPost in order to comply with certain legal obligations and is not retrievable without a valid court order.
The SplashPost Services contain Content of SplashPost ("SplashPost Content"). SplashPost Content is protected by copyright, trademark, patent, trade secret and other laws, and SplashPost owns and retains all rights in the SplashPost Content and the SplashPost Services. SplashPost hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the SplashPost Content (excluding any software code) solely for your personal use in connection with viewing the Site and using the SplashPost Services.
The SplashPost Services contain Content of Users and other SplashPost licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the SplashPost Services.
SplashPost performs technical functions necessary to offer the SplashPost Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the SplashPost Services.
Although the Site and other SplashPost Services are normally available, there will be occasions when the Site or other SplashPost Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of SplashPost. Also, although SplashPost will normally only delete Content that violates this Agreement, SplashPost reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by SplashPost in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, SplashPost encourages you to maintain your own backup of your Content. In other words, SplashPost is not a backup service. SplashPost will not be liable to you for any modification, suspension, or discontinuation of the SplashPost Services, or the loss of any Content.
Subscription plans and fees
SplashPost services are available on monthly subscription plans (“paid Services”) Subscription plan (a) offers the user a ten post per day service, using SplashPost services. Subscription plan (b) offers the user an unlimited post per day service, using the SplashPost services. When subscribing for Paid Services, the company you are contracting with is SplashPost Hong Kong. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. Subscriptions are non-refundable after the first 30-Day trial period. The subscription fee will be charged to the Payment Method last used by you. If you would like the payment for the renewal to be made through a different Payment Method or if you do not wish to renew the subscription, you agree to inform us, at email@example.com by registered-user email, at least seven (7) days prior to the renewal date.
Upon discontinuing your subscription, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. SplashPost rights survive the termination of this Agreement.
We reserve the right to change the subscription fee and to charge for use of Services that are currently available free of charge. Any changes to fees for Paid Services that are not temporary or promotional will be effective thirty (30) days after we provide you with notice by posting such changes on the Site. The changes shall only apply prospectively to the Paid Services you've purchased.
Information on subscription plans and fees is available at http://www.SplashPost.com/plans. Unless otherwise stated, all prices and fees are quoted in U.S. Dollars.
The subscriber is responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize SplashPost to charge your selected Payment Method for all charges to your accounts with SplashPost. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction.
Should your Payment Method fail or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) SplashPost may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to SplashPost within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
SplashPost grants to you a personal, non-transferable and non-exclusive right to use the SplashPost Services provided with this EULA. Modifying, translating, renting, copying, transferring or assigning all or part of the SplashPost Services, or any rights granted hereunder, to any other persons and removing any proprietary notices, labels, or marks from the SplashPost Services is strictly prohibited. Furthermore, you hereby agree not to create derivative works based on the SplashPost Services.
Copyright and Intellectual Property
You acknowledge that no title to the intellectual property in the SplashPost Services is transferred to you. You further acknowledge that title and full ownership rights to the SplashPost Services will remain the exclusive property of SplashPost, and you will not acquire any rights to the SplashPost Services, except as expressly set forth above. All title and copyrights in the SplashPost Services (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software) are owned by SplashPost. The SplashPost Services are protected by copyright laws and international treaty provisions.
You agree that you will not attempt to reverse compile, modify, translate or disassemble the SplashPost Services in whole or in part. Any failure to comply with the above or any other terms and conditions contained herein will result in the automatic termination of this license and the reversion of the rights granted hereunder to SplashPost.
Services; Third Party Materials
This Software enables access to third party services and web sites (collectively and individually, "Services"). Use of the Services requires Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language Nevertheless, You agree to use the Services at Your sole risk and that SplashPost shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that SplashPost is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. SplashPost does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Device are not available in all languages or in all countries. SplashPost makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. SplashPost, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will SplashPost be liable for the removal of or disabling of access to any such Services. SplashPost may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
You expressly acknowledge and agree that use of the SplashPost Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the SplashPost Services performed or provided by SplashPost are provided "as is" and “as available”, with all faults and without warranty of any kind, and SplashPost hereby disclaims all warranties and conditions with respect to the SplashPost Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. SplashPost does not warrant against interference with your enjoyment of the SplashPost Services, that the functions contained in, or services performed or provided by, the SplashPost Services will meet your requirements, that the operation of the SplashPost Services will be uninterrupted or error-free, or that defects in the SplashPost Services will be corrected. No oral or written information or advice given by SplashPost or its authorized representative shall create a warranty. Should the SplashPost Services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. SplashPost is not obligated to provide any updates to the software.
Limitation of Liability
To the extent not prohibited by law, in no event shall SplashPost be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the SplashPost Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if SplashPost has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall SplashPost total liability to you for all damages exceed the amount paid for the SplashPost Services, currently 0 US dollars ($0.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Change of Services and Amendments
SplashPost reserves the rights to, at any time, to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may amend, modify, change, add or remove portions of this Agreement or any Guidelines at any time without notice to you by posting a revised version on www.SplashPost.com. The revised version will be effective at the time we post it. Your continued use of the Services after posting of the changes constitutes your binding acceptance of such changes.
Clear communication is very important to SplashPost. By providing us your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or our offers. If you do not wish to receive certain email messages please contact our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. SplashPost reserves the right to send you notice about your account even if you opt out of all voluntary email notifications.