Appricot inc, a company operating under Splashy brand name ("Splashy", "we", "us" and "our"), operates mobile and tablet applications designed to encourage a child's early learning through games (the "Applications" and collectively with all services provided through the Applications, the "Services"). Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted in the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms of Use.
These Terms of Use ("Agreement") set forth the legally binding terms for your use of the Services and will apply if you have downloaded one of our Applications and, if so, you are individually referred to as a "User" (and collectively "Users").
These Terms of Use were last updated on December 09th, 2020.
KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF USE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF USE. BY ACCESSING SPLASHY's SERVICES, DOWNLOADING A SLPASHY's APPLICATION OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
If you have any questions please contact us at [email protected].
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE SPLASHY's SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THE SERVICES.
The Applications are designed for the whole family, including young children under parent supervision. We share your concern for the privacy of children and do not knowingly collect any personally identifiable information about children through the Applications. We do use third party analytics services that collect anonymous information about usage of our Services as more fully described in our Privacy Policy.
These Terms of Use ("Agreement") set forth the legally binding terms for your use of the Services and will apply if you have downloaded one of our Applications and, if so, you are individually referred to as a "User" (and collectively "Users").
These Terms of Use were last updated on December 09th, 2020.
KIDS, IF YOU HAVE NOT REACHED THE AGE OF MAJORITY IN YOUR JURISDICTION, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN READ AND ACCEPT THESE TERMS OF USE ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR COMPLIANCE WITH THESE TERMS OF USE. BY ACCESSING SPLASHY's SERVICES, DOWNLOADING A SLPASHY's APPLICATION OR CONTINUING TO USE THE SERVICES, YOU ACKNOWLEDGE THAT: (1) YOU ARE AT LEAST 18 YEARS OF AGE OR ANY OLDER LEGAL AGE REQUIRED TO FORM A CONTRACT IN YOUR JURISDICTION; (2) YOU HAVE THE RIGHT, AUTHORITY AND LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (3) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS WITH RESPECT TO YOURSELF AND ANY MINOR CHILD AUTHORIZED BY YOU.
If you have any questions please contact us at [email protected].
IF YOU OR YOUR PARENT/LEGAL GUARDIAN DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE SPLASHY's SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF USE OF THE SERVICES.
The Applications are designed for the whole family, including young children under parent supervision. We share your concern for the privacy of children and do not knowingly collect any personally identifiable information about children through the Applications. We do use third party analytics services that collect anonymous information about usage of our Services as more fully described in our Privacy Policy.
User's Acknowledgment and Acceptance of Terms of Use
SPLASHY — Terms of Use
Splashy provides the Services to you, the User, subject to your compliance with these Terms of Use, as well as any other written agreement between us and you.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT www.appricot.tech/terms, AND AS INCORPORATING THE SPLASHY PRIVACY POLICY (PUBLISHED AT www.appricot.tech/privacy) COMPRISE A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND APPRICOT INC.
You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms of Use constitutes your acceptance of such modification.
You may not use the Services for commercial purposes or in any way that is unlawful, or harms Splashy or any other person or entity.
THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME AND PUBLISHED AT www.appricot.tech/terms, AND AS INCORPORATING THE SPLASHY PRIVACY POLICY (PUBLISHED AT www.appricot.tech/privacy) COMPRISE A LEGAL AGREEMENT BETWEEN YOU ("YOU") AND APPRICOT INC.
You acknowledge and agree that it is your responsibility to review this Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Any modifications will be effective immediately, and will apply to disputes arising under the Terms of Use from the date of posting forward. Your continued use of the Services after a modification has been made to the Terms of Use constitutes your acceptance of such modification.
You may not use the Services for commercial purposes or in any way that is unlawful, or harms Splashy or any other person or entity.
User Information and Privacy Policy
Splashy's collection, use and disclosure, if any, of information collected from you or a child authorized by you is detailed in the Splashy's Privacy Policy (published at www.appricot.tech/privacy), which is incorporated by reference and made a part of these Terms of Use.
User Account
YOU ACKNOWLEDGE AND AGREE THAT SHOULD SPLASHY PROVIDE THE ABILITY TO CREATE A USER ACCOUNT, YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT OR USER PROFILE, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO ANY ACCOUNT OR USER PROFILE ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF SPLASHY. Splashy does not recognize the transfer of any account or user profile. Therefore, you may not give, purchase, sell, bargain, barter, market, trade, offer for sale, sell, license, assign or otherwise divest your rights, responsibilities or obligations under the Terms, either in whole or in part, without the prior written consent of Splashy. Any attempt to do so shall be void and of no effect.
Conduct Through the Service
You are solely responsible for your conduct through the Services and agree that you will not:
4.1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services any:
● pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
● material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Splashy in its sole discretion;
● material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
● files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Services, other users' access to the Site or Services and/or other users' computers.
4.2. Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
4.3. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
4.4. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a Splashy representative.
4.5. Gain or attempt to gain unauthorized access to the Services, to other users' account or profile information, or to computer systems and/or networks connected to the Services or Site.
4.6. Make false reports through the Services or to Spashy's administrators.
4.7. Take any action that imposes or may impose (as determined by Splashy in its sole discretion) an unreasonable or disproportionately large load on Splashy's (or its Affiliates' or third party providers') infrastructure.
4.8. Engage in fraudulent transactions.
4.9. Use the Services for any form of wagering or gambling.
You are also solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Splashy is not responsible or liable for the conduct of any user. Splashy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through use of the Services.
4.1. Publish, post, upload, transmit, distribute, disseminate or otherwise make available through the Services any:
● pyramid schemes, chain letters, junk email, spam, or unsolicited messages;
● material that is harmful, abusive, defamatory, libelous, obscene, infringing, embarrassing, unwanted, invasive of another's right of privacy or publicity, hateful, or racially, ethnically or otherwise offensive, objectionable or otherwise inappropriate as determined by Splashy in its sole discretion;
● material or information that infringes any copyright, trademark, patent, trade secret, privacy, publicity, or other right of others;
● files that contain any malicious code, including viruses, spyware, Trojan horses, worms, time bombs, cancelbots, corrupted data, or that may in any way damage or interfere with the operation of the Services, other users' access to the Site or Services and/or other users' computers.
4.2. Defame, abuse, harass, stalk, threaten, bully or otherwise violate the legal rights of others.
4.3. Violate any applicable laws or regulations, or promote or encourage any illegal activity.
4.4. Impersonate another user or create a false identity, including but not limited to identities falsely indicating that the user is another user, a celebrity or other well-known person, or a Splashy representative.
4.5. Gain or attempt to gain unauthorized access to the Services, to other users' account or profile information, or to computer systems and/or networks connected to the Services or Site.
4.6. Make false reports through the Services or to Spashy's administrators.
4.7. Take any action that imposes or may impose (as determined by Splashy in its sole discretion) an unreasonable or disproportionately large load on Splashy's (or its Affiliates' or third party providers') infrastructure.
4.8. Engage in fraudulent transactions.
4.9. Use the Services for any form of wagering or gambling.
You are also solely responsible for your interaction with other users of the Services, whether online or offline. You agree that Splashy is not responsible or liable for the conduct of any user. Splashy reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment when interacting with others, including when you submit or post content or any personal or other information. You also hereby agree that you are responsible for all data charges you incur through use of the Services.
Intellectual Property Information
5.1. Content
"Content" is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services. This includes support forums, message boards, chat, and other original content. Splashy owns, or has a license to, all right, title and interest in the Splashy Content it makes available through the Services. Except for any rights specifically enumerated as being licensed to you hereunder, Splashy reserves any and all of its rights to the Splashy Content. You are only permitted to use the Splashy Content as expressly authorized by Appricot inc or the specific Content provider.
5.2. Specific License and Restrictions
«y use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Applications, Services or Content in any way inconsistent with the rights of use provided by Splashy herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Splashy; (iii) attempt to access source or object code of the Applications or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.
5.3. Your Grant of Rights
If Splashy provides the ability for you to submit Content to the Services, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that you submit, or have sufficient rights to submit the Content to the Services without infringing any third-party rights. Splashy does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Splashy to:
● use, reproduce, distribute, remove, and analyze any of your Content as Splashy may deem necessary or desirable for any purpose in connection with the operation of the Services, and
● copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with Splashy or the Services in any media, and
● use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and
● delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
● enable the Services or users of the Services to share or post your Content on third party sites, such as, without limitation, on social networking sites
5.4. Submission of Ideas
To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the "Ideas") for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are non-confidential and non-proprietary, and Splashy shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Splashy, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any Appricot inc product or service, without compensation or accounting to you and without further recourse by you.
"Content" is defined as all digital material including, without limitation information, videos, photos, graphics, music, sounds, text, data, communications, illustrations, documentation, and other material and services that users can view on, access through, or contribute to the Services. This includes support forums, message boards, chat, and other original content. Splashy owns, or has a license to, all right, title and interest in the Splashy Content it makes available through the Services. Except for any rights specifically enumerated as being licensed to you hereunder, Splashy reserves any and all of its rights to the Splashy Content. You are only permitted to use the Splashy Content as expressly authorized by Appricot inc or the specific Content provider.
5.2. Specific License and Restrictions
«y use of the Services you acknowledge, agree and otherwise consent not to engage in, permit another person or entity to engage, or otherwise be related to or a part of the following restricted activities: (i) market, share, distribute, offer to sell, sell or otherwise make reproductions or copies of the Applications, Services or Content in any way inconsistent with the rights of use provided by Splashy herein; (ii) remove any applicable, relevant identification, copyright, trademark or other notices relating to the intellectual property or other property of Splashy; (iii) attempt to access source or object code of the Applications or Services, by methods including reverse engineering or otherwise reducing it to a form readable without the use of a computer, except and unless any applicable statutes or laws specifically prohibit said restrictive language; (iv) amend, change, modify (including the creation of any derivative or other works) the Services; (v) create code, software or other program that incorporates any elements of the Services; (vi) attempt to hack into, compromise or otherwise access the object or source code of the Services for any purposes, personal or commercial; or (vii) interrupt or attempt to interrupt the operation of the Services in any way.
5.3. Your Grant of Rights
If Splashy provides the ability for you to submit Content to the Services, you acknowledge that you are the owner of any Intellectual Property rights in any such Content that you submit, or have sufficient rights to submit the Content to the Services without infringing any third-party rights. Splashy does not claim any ownership rights in any Content that you may submit or offer through the Service. However, to the extent you submit any Content, you acknowledge and agree that you automatically grant (and represent and warrant that you have the right to grant) a royalty-free, worldwide, fully paid-up, perpetual, irrevocable, non-exclusive right and license to Splashy to:
● use, reproduce, distribute, remove, and analyze any of your Content as Splashy may deem necessary or desirable for any purpose in connection with the operation of the Services, and
● copy, modify, and reproduce your Content for marketing, promotional and/or other purposes in connection with Splashy or the Services in any media, and
● use, edit, modify, reproduce, distribute, prepare derivative works of, display, post or otherwise make available to any other user in connection with any feature of the Services, and
● delete any or all of your Content from the Services, whether intentionally or unintentionally, for any reason or no reason, without any liability of any kind to you or to any other party, and
● enable the Services or users of the Services to share or post your Content on third party sites, such as, without limitation, on social networking sites
5.4. Submission of Ideas
To the extent that you submit, via the Services or otherwise, any unsolicited concepts, ideas, or suggestions (collectively, the "Ideas") for, by way of example and without limitation, any features or functionality for the Services, you agree that such Ideas are non-confidential and non-proprietary, and Splashy shall not be liable for the disclosure of such Ideas. You hereby grant and agree to grant Splashy, under all of your rights in the Ideas, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Ideas for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Services, or any Appricot inc product or service, without compensation or accounting to you and without further recourse by you.
Third Party Websites and Information
The Services may link you to other websites or otherwise include references to information, materials and/or services provided by other parties. These other websites and parties are not under Splashy's control, and you acknowledge that Splashy is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites, nor is Splashy responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the website or party by us, or any warranty of any kind, either expressed or implied.
Premium Services
Splashy may provide some Services for additional fees ("Premium Services"). Splashy may also offer from time to time in its sole discretion, certain Premium Services for free, whether for a trial period or otherwise. Unless expressly stated otherwise, references in these Terms of Use to the Services include the Premium Services.
If you purchase any Premium Services or make any purchases within the Application (such purchases, the "In-App Purchases"), you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Splashy or the online application store from which you downloaded the Application (the "Application Store"). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing services and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Service is terminated. You agree that if you purchase Premium Services or make any In-App Purchases through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will Splashy have any responsibility in connection with any of the foregoing. You may request a full refund for any Premium Service or In-App Purchases purchase from an Application Store if permitted by, and pursuant to the refund rules of the Application Store.
If you purchase any Premium Services or make any purchases within the Application (such purchases, the "In-App Purchases"), you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the charges are payable and whether charged by Splashy or the online application store from which you downloaded the Application (the "Application Store"). You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing services and/or method. If you purchase Premium Services on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made by the payment method and payment intervals you have selected, until the subscription for the Premium Service is terminated. You agree that if you purchase Premium Services or make any In-App Purchases through an Application Store, all payment related questions, issues, disagreements and/or disputes shall be handled in accordance with the terms of services or other legal agreement that governs your use of a given payment processing services and/or method, and in no event will Splashy have any responsibility in connection with any of the foregoing. You may request a full refund for any Premium Service or In-App Purchases purchase from an Application Store if permitted by, and pursuant to the refund rules of the Application Store.
Disclaimer of Warranties; Limitation of Liability
Neither Spalshy nor its Affiliates, subsidiaries, officers, directors, stockholders, employees, licensors, distributors, sublicensees, agents or subcontractors (collectively, the "Appricot inc") warrant any connection to, transmission over, features or system functionality, or results or use of, any facilities provided or failed to be provided through the Services.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SPLASHY MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APP, APPLICATIONS AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SPLASHY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPLASHY IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE SPLASHY PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE SPLASHY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
«ECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SPLASHY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
YOU EXPRESSLY AGREE THAT THE USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL MATERIALS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
SPLASHY MAKES NO COMMITMENT TO UPDATE ITS SERVICES. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE APP, APPLICATIONS AND SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
YOU ACKNOWLEDGE AND AGREE THAT THE SPLASHY PARTIES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT THROUGH THE SERVICES OR ANY RELATED PRODUCTS. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH SPLASHY IS TO STOP USING THE SERVICES, AND TO DELETE ANY DOWNLOADED APPLICATION(S). IN NO CASE SHALL ANY LIABILITY OF THE SPLASHY PARTIES TO YOU EXCEED THE AMOUNT, IF ANY, THAT YOU PAID FOR THE APPLICABLE SERVICES GIVING RISE TO ANY SUCH LIABILITY. IN NO EVENT SHALL THE SPLASHY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE OR DATA, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES.
«ECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF THE SPLASHY PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Indemnification
You agree to defend, indemnify, and hold Splashy and its Affiliates harmless from all liabilities, claims, losses, costs and expenses, including attorney's fees, that arise from (a) your use of, or activities in connection with the Services, or those of any child authorized by you; (b) any violation of these Terms of Use by you or any child authorized by you; or (c) any allegation that any content that you or any child authorized by you make available via the Services infringes or otherwise violates the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party. Splashy reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Splashy in asserting any available defenses.
You agree that any claim you may have arising out of or related to your relationship with Splashy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
You agree that any claim you may have arising out of or related to your relationship with Splashy must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
Services Termination, Suspension and Changes
Although it is Splashy's intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
Splashy reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, Splashy MAY terminate AND/OR suspend your USE OF THE SERVICES FOR violation of these Terms of Use or VIOLATION OF any other policy related to SERVICES (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICES). Without limiting the foregoing, your access to the Services may be terminated without warning if Splashy believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent's or guardian's permission to register for and/or access the Services. You agree that Splashy shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICES AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO Splashy.
Splashy reserves the right to terminate (including withhold or revoke the awarding of any prizes), suspend, or change any service or feature of the Services at any time, for any reason or no reason, with or without notice to you. ADDITIONALLY, Splashy MAY terminate AND/OR suspend your USE OF THE SERVICES FOR violation of these Terms of Use or VIOLATION OF any other policy related to SERVICES (INCLUDING THE POLICIES OF AFFILIATES ACCESSIBLE BY THE SERVICES). Without limiting the foregoing, your access to the Services may be terminated without warning if Splashy believes, in its sole discretion, that you are under the age of eighteen (18) years but do not your parent's or guardian's permission to register for and/or access the Services. You agree that Splashy shall not be liable for any loss or damage caused, directly or indirectly, by any such termination, suspension, or change and YOU WILL HAVE NO FURTHER ACCESS TO THE SERVICES AND SHALL HAVE NO RIGHT TO ANY REFUND OF ANY MONIES PAID TO Splashy.
Survivability of Terms
The Terms of Use set forth herein continue to remain in full force and effect until such time as terminated by either party. You retain full discretion to end or terminate and discontinue use of the Services at any time, pursuant to the terms of this Terms of Use.
Governing Law
The Services (excluding any linked websites) is governed by the laws of the Russian Federation. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Applications and Services. Although the Services may be accessible worldwide, we make no representation that materials on the Services are appropriate or available for use in locations outside the Russian Federation, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Entire Agreement
These Terms of Use constitute the entire agreement and understanding between Splashy concerning the subject matter of the Terms of Use and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s), unless otherwise agreed to in a written agreement signed by you and Splashy. To the extent that anything in or associated with the Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
Miscellaneous
Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by Splashy with respect to such use.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.