Terms and conditions

1. Preamble

These are official terms and conditions and form a legally binding agreement between you and SplatInYourface limited regarding your use of the internet website located at http://www.splatinyourface.com (the “Website”). SplatInYourface provides the services on its Website subject to the terms and conditions on this page, and by using the Website, you are agreeing to these terms. Please read them carefully.

When using the Website, you are subject to any posted rules, community guidelines, statements or policies, including our repeat copyright infringer policy and our privacy policy. Such rules, guidelines, statements and policies are hereby incorporated by reference into these Terms of Service.

2. Access

By accessing the Website, you certify that:

3. Intellectual Property Rights

The Website, except all user Submissions (as defined below), including without limitation, all content, media and materials, all software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Website, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by SplatInYourFace and/or its affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions. You may not copy, reproduce, distribute, broadcast, display, sell, license, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of the respective owners.

4. User Submissions

A. We allow our users to submit content or other material and the hosting, sharing, and/or publishing of such submissions (“Submissions”). You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with your Submissions, you affirm/warrant that:

B. Content on the Website is provided to you AS IS for your information and personal use only. You further agree that you will not:

C. We do not endorse any user Submission, and expressly disclaim any and all liability in connection with user Submissions. SplatInYourface does not permit copyright infringing activities or infringement of intellectual property rights on its Website, and will promptly remove content if properly notified of infringements on third parties' intellectual property rights. Repeat copyright infringers will have their user access to the Website terminated.

If you are a copyright owner or an agent thereof and believe that any user Submission or other content infringes upon your rights, you may submit a takedown request emailing us and containing the following information:

You acknowledge that if you fail to comply with all of the requirements of this section, your take down request may not be valid. Please note that we regularly provide your name, contact information, as well as the contents of your takedown request to the person who posted the content you are reporting. In the case that you are an authorized representative submitting a report, we provide the name of the organization or client that owns the right in question.

The Counter-Notification Process

When a user’s video submission has been removed, the Website shall notify the user of this removal, including by providing the contact information of the person or entity sending the takedown request.

Pursuant to the Website’s repeat infringer policy, the user then has five (5) days to submit a counter-notification to the Website, explaining why the original takedown notice was sent in error. The counter-notification may be sent to the SplatInYourface email address from which the user originally received the forwarded takedown request.

For the Website to consider a user’s counter-notification, it must include the following:

Counter-notifications that do not satisfy all of these elements are ineffective and may not be considered by the Website.

Please note that we will send any complete counter-notifications we receive to the person who submitted the original takedown request. That person may elect to file a lawsuit against you for copyright infringement. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of your counter-notification, we will restore access to the removed materials. Until that time, your uploaded material will remain inaccessible. We will provide a copy of the original takedown request if asked.

D. You understand that when using the Website, you will be exposed to user Submissions from a wide variety of sources, and that SplatInYourface is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to user Submissions that are inaccurate, indecent, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against SplatInYourface with respect thereto, and agree to indemnify and hold SplatInYourface and its owners, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

5. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SplatInYourface, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. SplatInYourface MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

SplatInYourface PROVIDES ITS SERVICES “AS IS” AND DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SplatInYourface WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

6. Limitation of Liability

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SplatInYourFace, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US (IF ANY) TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN NO EVENT SHALL SplatInYourFace, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER RESULTING FROM ANY:

IN ALL CASES, SplatInYourFace, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

8. VENUE AND JURISDICTION, CHOICE OF LAW, ARBITRATION

8.1 You agree that the Terms of Service, your use of the Website, as well as any claim relating to, arising out of, or in connection with the Terms of Service and your use of the Website, shall be governed by the laws of Malta without regard to conflict of law provisions.

8.2 You further agree that you shall endeavor to resolve any and all claims relating to, arising out of, or in connection with the Terms of Service or your use of the Website by engaging in amicable consultations with SplatInYourFace for no less than thirty (30) calendar days. Those amicable consultations shall commence upon SplatInYourFace's receipt of a notice of dispute containing sufficient information to identify you and the basis of your claim. The notice of dispute must be sent by registered mail to SplatInYourFace, a.s., Krakovska 1366/25, 110 00 Prague, Czech Republic.

8.3 The seat of the arbitration shall be Malta. The proceedings shall take place in Malta, and the language of arbitration shall be English.

9. General

These terms of service, the privacy policy, the rules as written on the upload form, and any other legal notices published on the Website, shall constitute the entire agreement between you and SplatInYourFace. If any provision of these terms of service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms of service, which shall remain in full force and effect. No waiver of any term of these terms of service shall be deemed a further or continuing waiver of such term or any other term, and SplatInYourFace's failure to assert any right or provision under these terms of service shall not constitute a waiver of such right or provision.

We reserve the right to amend these terms at any time and for any reason, without advance notice to you. Although we may attempt to notify you when major changes are made to these Terms of Service, you are advised to periodically review the most up-to-date version of these terms on this page, so that you are aware of any changes. Once we make the new terms available, these changes become effective immediately and if you use the Website after they become effective, it will signify your agreement to be bound by the changes. Where applicable, the English version of the Terms and Conditions will prevail over any foreign language versions.

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