Terms and Conditions

The network of Web Sites (collectively, the “Member Splash Web Sites”) operated by Member Splash, INC or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The Member Splash Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Member Splash Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Member Splash web site included within the Member Splash Web Sites network may also be subject to additional terms outlined elsewhere on that web site (the “Additional Terms”). Additionally, the Member Splash Web Sites may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Member Splash web site, then these terms shall control.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this “Site”). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site. Member Splash reserves the right to revise these terms and conditions at any time and users are deemed to be apprised of and bound by any changes to these terms and conditions by virtue of using the Site. You are responsible for regularly reviewing these terms and conditions.

1. Limitations on Use. Your use of the products and/or services (collectively the “Product”) are subject to all applicable local, state, provincial, federal and international laws and regulations. You agree the data accessed through the Product will be distributed consistent with any confidentiality or other agreements by which you are bound. You agree to use the Product and any associated data in accordance with such operational, privacy and other specifications, rules and policies as established by Member Splash from time to time. Member Splash reserves the right to refuse or terminate service for any activity viewed as abuse or misuse of the system. Furthermore, unauthorized automated activation of the system or excessive messaging is deemed as abuse and may result in termination of service at any time. If you are a natural person, by use of the Site or Product, you represent that you are at least 18 years of age.
2. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, Member Splash PROVIDES THE PRODUCT, INCLUDING THE DATA GENERATED BY THE PRODUCT, ON AN “AS IS, AS AVAILABLE AND WITH ALL FAULTS” BASIS, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE PRODUCT, SUCH DATA, OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING. Member Splash DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN. Member Splash WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR DATA, INTERRUPTION OF BUSINESS OR THE PRODUCT, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. Member Splash WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE PRODUCT OR ANY DATA, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE PRODUCT. Member Splash MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR THAT THE DATA OBTAINED FROM THE PRODUCT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Member Splash’s LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE PARTICULAR PRODUCT INVOLVED. No agent or representative has the authority to create any warranty regarding the Site on behalf of Member Splash. Member Splash reserves the right to change or discontinue at any time any aspect, feature, or account of the Site. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
3. Indemnity. You agree to indemnify and hold harmless Member Splash, its subsidiaries, affiliates, officers, employees, suppliers, cell phone carriers, including but not limited to, AT&T, Verizon, Sprint, Nextel, T-Mobile, Boost, Alltel, Cellular One, Dobson, Virgin Mobile USA and agents from any claim, demand, loss or expense, including reasonable attorneys’ fees, resulting or arising from: your breach of this Agreement; any action taken or permitted by you which disrupts, degrades or damages the Product or related data; your infringement of any intellectual property right of Member Splash or any other person or entity; any activity related to your account (including any negligent or wrongful conduct) by you or any other person accessing the Product; any User Materials; or your actual or alleged breach of any federal, state, local or foreign law, or regulation.

Delivery of all messages is made on a “best effort” bases. All such content is regarded as informational and not life saving in nature. Deliveries of such messages might be subject to delay or failure. You agree to indemnify and hold harmless all mobile phone providers servicing Member Splash.

4. Links to Third Party Sites. You acknowledge the Site may be linked to other websites, which are not under the control of or maintained by Member Splash. Member Splash is not responsible for the content of those sites. Member Splash provides such links only as a convenience, and the inclusion of a link to any site does not imply an endorsement of the site by Member Splash. To the extent you add links from the User Materials or otherwise to other websites, you are solely responsible for such links and Member Splash shall have no responsibility whatsoever for such links.
5. Export Control. Member Splash controls and operates the Site from its headquarters in the United States and makes no representation that the Site is appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the data and any other materials made available from the Product may be subject to U.S. and foreign Export Administration Laws and Regulations.
6. General. If any portion of this Agreement is found to be unlawful, void or unenforceable for any reason whatsoever, the unenforceable provision may be severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete agreement concerning the subject matter hereof, and supersedes all prior agreements and representations between Member Splash and you. This Agreement may be modified only in writing signed by both parties. You agree to pay all reasonable attorneys’ fees and other costs incurred by Member Splash to enforce any of the terms and conditions of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A. applicable to agreements made and to be performed in the Commonwealth of Virginia, without reference to its choice-of-law provisions. You agree that any legal action or proceeding between you and Member Splash for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Virginia, U.S.A.
7. Software Available on Site. Any software that is made available to download from the Site is the copyrighted work of Member Splash and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Member Splash hereby grants to you a personal, non-transferable, non-sub licensable, limited license to use the software for viewing and other purposes within the scope of use of such software anticipated by Member Splash in accordance with these terms and conditions, and for no other purpose, which license is subject to these Terms of Use including termination by Member Splash at any time. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
8. Copyright. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Member Splash. No copies may be distributed to others, whether or not for a charge or other consideration, without prior written permission from Member Splash or the copyright owner of the copied material.
9. Copyright Infringement. Member Splash does not monitor user-submitted materials for copyright infringement. If you believe that any material on the Site infringes your copyright, you may seek to have the material removed by sending Member Splash notice that includes all of the following information:

• your full name, address and telephone number
• your e-mail address
• identification of the copyrighted work(s) that you believe is being infringed
• identification of the infringing material and information sufficient for Member Splash to locate the material
• your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner
• your physical or electronic signature

Direct such notices to support@membersplash.com.

Upon receipt of notice complying with the above requirements, Member Splash will act to remove any infringing materials and, if applicable, send notice to the user that posted such materials on the Site. If Member Splash removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying Member Splash’s designated agent in writing and including the following information:

• your full name, address and telephone number
• your e-mail address
• identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled
• your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material
• your statement consenting to the jurisdiction of the Federal District Court for the District in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia (where Member Splash may be found), and that you will accept service of process from the person who provided notice of copyright infringement or from such person’s agent
• your physical or electronic signature

Upon receipt of a notice meeting the above requirements, Member Splash will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Member Splash will replace or enable access to the removed material unless Member Splash receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Member Splash and/or the copyright owner or Site user.

PRIVACY To understand our privacy practices, please review our privacy policy that also governs your visit to our Site and use of the Product.

LEGAL NOTICES Copyright Member Splash, INC. All Rights Reserved.

Unless otherwise provided, all content provided on this web site is Copyright © Member Splash, INC. Some content contained on this web site may contain other copyright information and proprietary notices specific to such content.