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Summary:
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The terms, policies and conditions (collectively known as "Terms of Service") described below, govern the use of this web site (referred to as "SplatAttack.com", "site", "web site" or "website"). Your use of this website and/or placement of any order indicates your acceptance of these Terms of Service.
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Note: This summary is shown to give a quick idea of the contents of this page, however, it does not constitute the Terms of Service of this website and it does not replace the actual Terms of Service of this website in any way. For full information about terms, policies, conditions and use of this website ("Terms of Service"), read below.
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| SplatAttack.com Terms of Service |
| Welcome to SplatAttack.com! |
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Your use of this website, or any of our services, products or software, in any way; indicates your explicit consent, to agree to, and to abide to, the "Terms of Service", also referred to as "TOS", and collectively as "Services" (Services), or Services; as well as your acknowledgment of the understanding of the TOS of this website, the Services, the Network and/or the Agent; and making all the terms set forth in this document, a binding agreement and contract between you ("You") and the owner(s) of this website, its operator(s); any designated agent, company, organization or individual of any kind, having duties or responsibilities over, on, or with this website; and collectively constituting of the "Agreement". By you using this website in any way, you automatically agree to the terms set forth in this Agreement and are automatically bound to it.
You also agree to abide by its terms or rules at all times and at all cost whenever you use this website or any of the Services, and during any activity or action outside of this website or the Services that may potentially harm this website, the Services, Network, Agent, or Partner. Under the Agreement, You fully understand the definitions, words and terms used herein, and collectively referred to as "Definitions", ("Definitions") which are set forth and defined in this document. This Agreement sets forth the terms and conditions of Your use of SplatAttack.com's services ("Services") and explains SplatAttack.com's obligations to You and Your obligations to SplatAttack.com in relation to the Services You use and/or purchase.
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Definitions:
"Website" and "Site" = the words "website", "web site", / and "site" shall mean the same and shall be treated as the same in definition, globally.
"Agreement" = a binding contract between you and any user of this website, and any or all of the following: the owner(s) of this website, its operator(s); any designated agent, company, organization or individual of any kind, having duties or responsibilities over or with this website. The use of this Website or any of the Services, is subject to your consent to the understanding of this agreement. The Agreement may be terminated at any time, either by you or by Us, by following the procedures to do so as set forth in the Agreement, or this document.
"Services" = refers to any of the services provided by this website or through this website; collectively referred to as "Services". The word or term "the" or "The" immediately preceding the word, words, term, definition, or phrase as follows: Services, Agent, Network, TOS, Terms of Service, Agreement; shall not change the definition of the actual word, words, term, definition, or phrase itself.
"Agent" = any individual, corporation, or organization owning and/or operating this website or collectively the Services provided herein. The individual, corporation, or organization owning this website; may be, but is not necessarily; the individual, corporation, or organization operating this website. Due to the nature of business, the ownership and/or the company or individual that operates this website may change at any time without any necessary notification from our part.
"Network" = refers to any of the services provided by, owned by, or managed by Agent. "Owned by", "managed by" and "provided by", in relation to this definition, may include any or all of the following: as a sole proprietorship, in partnership, and/or share.
"Our" and "Us" = refers to this particular website, owner(s) of this website, and/or Agent of this website, SplatAttack.com.
"Partner" = refers to any of the following: any individual, corporation, organization, or other entity; doing business with Us, by contract or without contract; but that is not owned by Us, is not controlled by Us in its entirety, or as majority or ultimate position of control of such entity, partnership or otherwise. The word "Partner" may mean one or various of the aforementioned types of parties and entities.
"The" and "the" = the word or term "the" or "The" immediately preceding the word, words, term, definition, or phrase as follows: Services, Agent, Network, TOS, Terms of Service, Agreement; shall not change the definition of the actual word, words, term, definition, or phrase itself.
"Terms" and "Terms of Service" = under this agreement, "Terms" and "Terms of Service", have the same meaning.
Singular V.S. Plural: Under the TOS, the words or terms defined under "Definitions", and set forth in in this document, may be used in the TOS, both in plural form or singular form, and equally having the same meaning.
Use and validity of the "Definitions": Under the TOS, the words or terms defined under "Definitions", and set forth in in this document, refer specifically and solely, to any text image, or information posted by Us. It does not represent or refer to any similar word, term, concept, expression, brand or any other type of communication method or device not posted by Us. Some examples of this but not limited to the many posibilities are the following:
1) Any text image, video, or other kind of communication in this website but coming from another source not controlled by Us in its entirety, and any such type of communication that is placed anywhere in the Services but was not inputted directly and knowingly. This includes but is not limited to:
a) search results from any type of search, web search, user search, content search, or any other possible type of search; made at the Servicies, from the Servicies, through the Servicies, into the Servicies, or any other search or type of search in relation to the Servicies not mentioned in this document.
b) advertisenents of any kind in the Servicies, to the Services, by the Services, from the Servicies, through the Servicies, into the Servicies, or any other advertisements or type of advertisement in relation to the Servicies not mentioned in this document.
c) referral service of any kind in the Servicies, to the Services, by the Services, from the Servicies, through the Servicies, into the Servicies, or any other referral service or any other type of referral in relation to the Servicies not mentioned in this document.
2)Any type of communication or posting made by any person, user, visitor, indidual, group, corporation, organization, or other entity not necessarily mentioned in this document; but that it was made by a third party other than Us. You agree that such other third party, is to be held responsible for the posting, submission, posesion, or control of any type of content or communication appearing in the Services. You also agree that in such case, you are fully responsible of finding the ways to proceed with any action against any third party, and that you will not rely or depend on Us or our assistance, which may be provided at Our own discretion or as provided by law in a Courthouse.
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Under the Terms of Service and Agreement, you totally understand and agree to the following:
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Copyright and trade mark policies:
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It is Our policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act). Our policy and its details in reference to trade marks and copyrights, may be found at http://www.SplatAttack.com/Copyright-IP-Policy_ep_34-1.html
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To the best of Our knowledge, all the text, graphics, audio, design, software, and other works and intellectual property on this website are the copyrighted works of SplatAttack.com and/or the Network, and/or the Agent; unless indicated, or otherwise, to the best of Our knowledge, it is the copyright or their respective owners with permission or license for SplatAttack.com and/or the Network, and/or the Agent; to use in one or more of the Services. In the Services, all rights reserved, as provided by law. Any distribution, redistribution, sharing, duplication, or reproduction of any materials herein is strictly prohibited, unless you have a written authorization to use such property or material, or as provided by law. Trade Marks, Registered Trade Marks, and Service Marks named in any way in the Services are the intellectual property of their designated owners. Naming any Trade Marks, Registered Trade Marks, or Service Marks in the Services, does not necessarily indicate, the relationship, recommendation, referral, approval, endorsement or connection; to third party products, services, companies, organizations, individuals or other, in relation to such Trade Marks, Registered Trade Marks, and Service Marks, brands, brand names or other intellectual properties mentioned or referred to in any way in the Services. You agree that if at any time, you believe that intellectual property has been violated in any way, that you will first proceed with the Services's DMCA policy available in the Services, and that such policy is subject to change without notice, making any new changes automatically current. Such policy is available at http://www.SplatAttack.com/Copyright-IP-Policy_ep_34-1.html
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If for any reason the terms set forth in this Agreement in relation to any kind of intellectual property, and/or its use, should not apply to you; and you were to use it in any way without notification to, permission from SplatAttack.com, the Network, Services, Agent or designated owner, you agree that you are responsible for such decision, for your judgment to use, or the consideration of it, and all legal responsibilities from you part; and if you do, you agree to the following: 1) to provide a hyperlink to SplatAttack.com or to the Services where you took it from, 2) to be responsible for the interconnection between such hyperlinks, 3) that at SplatAttack.com's discretion, Services's, Network's, or Agent's discretion, such link must be removed if requested by SplatAttack.com, Services, Network, or Agents, or Partner.
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Advertisements and other content:
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Some of the Services are supported by advertising revenue and may display advertisements, promotions, and links to other sites. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information displayed or used in this website.
The use of the Services, and your access to the Services, is subject to your agreement and understanding that such and any advertisements may be be placed anywhere in the Services, at our own discretion, that it may be dependent to any of our partner's website or business; and that the manner, mode and extent of advertising on the Services are subject to change without specific or necessary notice to you.
The Services may include hyperlinks to other websites or content or resources. SplatAttack.com may have no control over any web sites or resources which are provided by companies or persons other than SplatAttack.com or Agent.
You acknowledge and agree that SplatAttack.com is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such websites or resources.
You acknowledge and agree that SplatAttack.com is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources.
Under the Agreement, you understand that in consideration that the Services may contain hyperlinks or reference to other websites not under control by SplatAttack.com or Agent, you totally understand that you may sometimes; as a result of accessing any such website(s), through your use of the Services, in reference to the Services, or in relation to the Services; use a service, purchase goods, download a piece of software (intentionally or unintentionally), install malicious software (intentionally or unintentionally), which are provided by another person or company; and agree that your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned, and that any damage to you incurred in relation to the use or access to other services, software, or products is not our responsibility. You agree that should you decide that such matter needed to be remedied or were forced to do so by law, any such matter is between you and any company or individual other than SplatAttack.com or Agent.
This site may contain links to other Internet sites. Such links are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by SplatAttack.com.
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Changes to the Terms of Service (TOS):
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SplatAttack.com may make changes to the Agreement or Additional Terms from time to time. When these changes are made, SplatAttack.com will make a new copy of the Agreement available at http://www.SplatAttack.com/ and any new Additional Terms will be made available to you from within, or through, the affected Services.
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You understand and totally agree that if you use the Services after the date on which the Agreement or Additional Terms have changed, SplatAttack.com will treat your use as acceptance of the updated Agreement or Additional Terms.
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General legal terms:
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Under this Agreement, you agree that all responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed.
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THE INFORMATION FROM OR THROUGH THIS SITE (Services) IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS. AS A CONDITION TO OUR PROVIDING THE INFORMATION ON THIS SITE, THE VIEWER AGREES THAT WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE WOULD NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY, APPLICABILITY OR CURRENCY OF THE INFORMATION TO A PARTICULAR SITUATION.
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You agree that SplatAttack.com and/or the Network, and/or the Agent may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Services.
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Any disputes that may arise concerning this website ( Services ) and the information contained herein shall be governed by Florida law (without regard to conflicts of law principles), and all proceedings which may arise out of or in connection herewith shall be brought solely in Miami, Florida. The language in this Disclaimer shall be interpreted as to its fair meaning and not strictly against SplatAttack.com, or the Network, or the Agent. The terms of this Disclaimer may only be amended in writing by a duly authorized employee of SplatAttack.com and/or the Network, and/or the Agent; with specific reference to this Agreement.
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This Agreement constitutes the entire and only agreement between SplatAttack.com and/or the Network, and/or the Agent; and any viewers, users, visitors, members; partners of this website; and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to this website and the information on this website, and/or collectively the Services.
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This Agreement and the Services, or any part of it/them, may be terminated by Us at anytime and at Our own discretion. You agree that should your Agreement be terminated, you will not hold Us liable for any consecuences of any type, and will not seek any damages or make any claims against Us. You further agree that should that should your Agreement be terminated, you will not engage in the activity of critisizing or criticizing Our decision in any way, or to promote anything in relation to the termination of the Agreement with you in any way; such as but not limited to, posting in forums or community websites or similar mediums, printing, promotion, publishing, distribution, distortion of facts; or to engage in in any illegal activity against Us, or comit illegal acts such as, but not limited to, Defamation, Libel, or other ways that may affect Us in any way.
You agree that if you do engage in any such act or activity, whether your Agreement has been terminated or not, you are fully responsible for any actual damages and any projected damages against Us, and any Partner potentially affected by such action from your part or otherwise. SplatAttack.com, or the Network, or the Agent. Notwithstanding this, you agree that SplatAttack.com and/or the Network, and/or the Agent; shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
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The terms of this Disclaimer may only be amended in writing by a duly authorized employee of SplatAttack.com and/or the Network, and/or the Agent; with specific reference to this Agreement.
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You agree that if SplatAttack.com and/or the Network, and/or the Agent does not exercise or enforce any legal right or remedy which is contained in the Terms of Service (or which SplatAttack.com and/or the Network, and/or the Agent has the benefit of under any applicable law), this will not be taken to be a formal waiver of SplatAttack.com and/or the Network's, and/or the Agent's rights and that those rights or remedies will still be available to SplatAttack.com and/or the Network, and/or the Agent.
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Any disputes that may arise concerning this website ( Services ) and the information contained herein shall be governed by Florida law (without regard to conflicts of law principles), and all proceedings which may arise out of or in connection herewith shall be brought solely in Miami, Florida. The language in this Disclaimer shall be interpreted as to its fair meaning and not strictly against SplatAttack.com, or the Network, or the Agent. The terms of this Disclaimer may only be amended in writing by a duly authorized employee of SplatAttack.com and/or the Network, and/or the Agent; with specific reference to this Agreement.
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Severability:
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If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then, that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
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 Disclaimer: It is the responsibility of the buyer, not the seller, to ascertain and obey all applicable local, state, federal, and
international laws in regard to the possession, use, purchase, and sale of any item purchased from SplatAttack.com. |
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