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Terms of Service
 
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Terms of Service

SplashCart Corporation ("SplashCart") maintains the splashcart.com website ("the Site") and the SplashCart service ("Service"). By creating an account with the Service, you expressly agree to be bound by these terms and conditions ("Terms of Service"), the splashcart.com privacy policy ("Privacy Policy"), the Copyright Policy, and the Spam Policy, and to follow these Terms of Service and all applicable laws and regulations governing use of the Site. SplashCart reserves the right to change these Terms of Service at any time, effective immediately upon posting on the Site. You can always see the latest version of the Terms of Service at this URL: http://www.splashcart.com/info/terms_of_service. If you violate these Terms of Service, SplashCart may terminate your use of the Service, bar you from future use of the Site, and/or take appropriate legal action against you.

Account Terms

  1. You must be 18 years or older to use the Service.
  2. You must provide your full legal name, along with your current physical and mailing addresses, a valid email address, and any other requested information needed to create your account.
  3. You must agree to this Terms of Service and the Privacy Policy.
  4. You are solely responsible for the security of your account login information. SplashCart is not responsible for lost or stolen account login information. If you have lost or forgotten your account login information, email support@splashcart.com immediately.
  5. You are solely responsible for the content and actions of your account, including text, graphics, images, links, and other data transmitted or stored using the Service or the Site.
  6. Violating the Terms of Service, Privacy Policy, Spam Policy, or Copyright Policy, as determined by the staff of SplashCart, will result in termination of the Service and use of the Site.

General Terms

You must read, agree with and accept all of the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of the Service.

  1. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  2. We reserve the right to refuse service to anyone for any reason at any time.
  3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
  4. SplashCart does not warrant that the service will be uninterrupted, timely, secure, or error-free.
  5. SplashCart does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
  6. SplashCart does not grant to you the ownership or any entitlement to SplashCart’s source code, program code, network architecture, or any other facilities or methods used to produce or provide the Service.
  7. You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
  8. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
  9. SplashCart does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
  10. You expressly understand and agree that SplashCart shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
  11. In no event shall SplashCart or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
  12. Technical support is only provided to paying account holders and is only available via email.
  13. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by SplashCart.
  14. Verbal or written abuse of any kind (including threats of abuse or retribution) of any SplashCart customer, SplashCart employee, member, or officer will result in immediate account termination.
  15. We do not claim any intellectual property rights over the material you provide to the SplashCart service. All material you upload remains yours. You can remove your SplashCart store at any time by deleting your account. This will also remove all content you have stored on the Service.
  16. By uploading images and item description content to SplashCart.com, you agree to allow other internet users to view them and you agree to allow SplashCart.com to display and store them and you agree that SplashCart can, at any time, review all the content submitted by you to its Service.
  17. The failure of SplashCart to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service, and any agreement into which the Terms of Service is incorporated, constitutes the entire agreement between you and SplashCart and govern your use of the Service, superseding any prior agreements between you and SplashCart (including, but not limited to, any prior versions of the Terms of Service).
  18. You retain ownership over all content that you submit to a SplashCart store however, by making your store public, you agree to allow others to view your content.
  19. SplashCart does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.
  20. SplashCart may in their sole discrection display advertisements on sites hosted for free by the Company.
  21. SplashCart provides a generic Terms of Use and Privacy Policy that may be used with the Service. You are solely responsible for the use of these generic documents. SplashCart will not be responsible for their use.
  22. Questions about the Terms of Service should be sent to support@splashcart.com.

Limited Use Terms

  1. You may not use the Service or the Site:
    1. For any illegal or unauthorized use, including, but not limited to, copyright infringement.
    2. To violate any laws in either your jurisdiction or the laws of the County of San Bernardino, the State of California, or the United States of America.
    3. For the sale of or publication of adult themed content, including, but not limited to, alcohol, tobacco, or nudity as determined by the staff of SplashCart.
    4. To distribute, store, or maintain any computer worms, viruses, or other code of a destructive nature.

Payment of Fees

  1. A valid credit card is required for paying accounts. Free accounts are not required to provide a credit card number.
  2. The service will be billed in 30 day intervals, for the following 30 days. When your billing period is over SplashCart users will be sent an invoice via email. Users have approximately two weeks to bring up and settle any issues with the billing.
  3. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

Copyright Policy

By submitting information to this Site or Service, you warrant that the information does not infringe the copyrights or other rights of third parties. SplashCart may terminate the privileges of any user who uses this Site or Service to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so.

Domain Name and Secure (SSL) Certificate Policy

You may purchase a domain name or secure (SSL) certificate from SplashCart. These are charged on a yearly basis according to the published prices on SplashCart.com. These items are not refundable. Should you terminate your account with the Service prior to your purchased domain name or secure (SSL) certificate expiration you may be provided with information necesary to reuse them at your request. After you terminate your account with the Service, SplashCart will not provide any services for domain names, beyond transfering your domain to another registrar, at your expense. In the case of a secure (SSL) certificate, SplashCart will provide you with the details needed to reuse your secure (SSL) certificate, including the public key file and the private key file.

Cancellation and Termination

  1. You may cancel your account at anytime by emailing support@splashcart.com.
  2. Once your account is cancelled all of your Content will be immediately deleted from the Service. Since deletion of all data is final, please be sure that you do in fact want to cancel your account before doing so.
  3. If you cancel the Service in the middle of the 30 day period you will not be charged again, and you will be refunded the unused portion of your billing cycle, according to our Refund Policy.
  4. Domain names, SSL certificates, and any other such products are not refundable.
  5. We reserve the right to modify or terminate the Service for any reason, without notice at any time.
  6. Fraud: Without limiting any other remedies, SplashCart may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices

  1. Prices for using SplashCart are subject to change upon 14 days notice from SplashCart. Such notice may be provided at any time by posting the changes to the SplashCart Site (splashcart.com) or the administration menu of your SplashCart store via an announcement.
  2. SplashCart reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  3. SplashCart shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Spam Policy

You are not allowed to send unsolicited commercial email using the data collected by the Service or the Site. Further, any email addresses collected from the use of the Site or the Service must be able to be removed from your mailing lists, or other opt-in or opt-out lists, by the owners of said email addresses.