This agreement (“Agreement”) governs the use of the software as a service platform (“Platform”) provided by Member Splash Inc. (“Company”) that provides member management tools. By accessing or using the Platform, you (“Customer”) agree to be bound by the terms and conditions of this Agreement.
ACCEPTABLE USE OF THE SERVICE
Customer acknowledges and agrees that the Platform is not intended to be used for uploading or storing any confidential information, including but not limited to social security numbers, drivers license numbers, scans of drivers licences, passport numbers, credit card numbers, bank account numbers, and other sensitive personal or financial information (“Confidential Information”).
Customer agrees not to upload or store any Confidential Information (as defined above) on the Platform. Company reserves the right to remove any Confidential Information from the Platform without notice. Customer agrees to indemnify, defend and hold Company and its affiliates, officers, directors, employees, agents and licensors harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from or related to Customer’s breach of this section.
Disruption of the Service
You may not:
- access, tamper with, or use non-public areas of the Service, the Platform’s computer systems, or the technical delivery systems of the Platform’s providers;
- probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
- access or search the Service by any means other than the Platform’s publicly supported interfaces (for example, “scraping”);
- attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time);
- interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
Misuse of the Service
You may not utilize the Service to carry out, promote or support:
- any unlawful or fraudulent activities;
- the impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
- activities that are defamatory, libelous or threatening, constitute hate speech, harassment, or stalking;
- the publishing or posting other people’s private or personally identifiable information, such as street address, phone number or email address, without their express authorization and permission;
- the sending of unsolicited communications, promotions advertisements, or spam;
- the publishing of or linking to malicious content intended to damage or disrupt another user’s browser or computer; or
- promotion or advertisement of products or services other than your own without appropriate authorization.
Content Standards Within the Service
You may not post any Content on the Service that:
- violates of any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;
- is deceptive, fraudulent, illegal, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), defamatory, libelous or threatening, constitutes hate speech, harassment, or stalking;
- contains viruses, bots, worms, or similar harmful materials; or
- contains any information that you do not have a right to make available under law or any contractual or fiduciary duty.
Company takes data security seriously and implements reasonable measures to protect the information stored on the Platform. However, Customer acknowledges and agrees that no security measures are perfect or impenetrable, and that the Platform is not intended to be used for storing Confidential Information. Customer is solely responsible for maintaining the confidentiality of its account login credentials and for ensuring that its use of the Platform is in compliance with applicable laws, regulations, and industry standards.
Violations of this Agreement
In addition to any other remedies that may be available to us, Member Splash reserves the right to immediately suspend or terminate your account or your access to the Platform upon notice and without liability for Member Splash should you fail to abide by this Agreement. If you are a user of the Service under your employer or organization’s account, Member Splash reserves the right to notify your employer or organization of any violations of this Agreement.
Member Splash may amend or modify this Agreement from time to time in its sole and reasonable discretion. We will post any such changes on our website. If you object to any such change(s), your sole recourse shall be to cease using the Platorm. Continued use of the Platform following notice of any such changes shall constitute your acknowledgment and acceptance of such changes.
Limitation of Liability
Company shall not be liable for any indirect, special, incidental, consequential, or punitive damages arising out of or relating to Customer’s use or inability to use the Platform, even if Company has been advised of the possibility of such damages. In no event shall Company’s total liability to Customer exceed the amount paid by Customer to Company for use of the Platform during the twelve (12) months immediately preceding the event giving rise to the liability.
This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law provisions. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the courts of Orange County, California, and Customer hereby consents to the jurisdiction of such courts.
For questions about these or any Member Splash terms or policies, contact our Support Center.