These Terms were last updated August 5th 2023
These Terms of Services are entered into by and between you and Split Drop Inc. ("Split Drop", "we" or "us"). The following terms and conditions, together with any materials they expressly incorporate by reference (collectively, "Terms of Services"), manage your access, , whether as a guest or a registered user, to engage in marketing activities and use of splitdrop.com to earn Rewards, paid out in the form of Coins, including any features, content, Internet browsers, emails, text (SMS) messages, online services, functionality, services, and mobile applications offered on or through splitdrop.com (collectively, "Website").
IMPORTANT – PLEASE READ CAREFULLY – THESE TERMS CREATE A LEGALLY BINDING AGREEMENT WHICH GOVERNS YOUR USE OF THE SERVICE. BY CREATING AN ACCOUNT (AS DEFINED BELOW) OR BY ACCESSING OR USING THE SERVICE OR ANY CONTENT OFFERED THROUGH THE WEBSITE OR APPS, YOU ACCEPT AND AGREE TO BE BOUND, WITHOUT LIMITATION OR QUALIFICATION, BY THESE TERMS. IF YOU DO NOT ACCEPT ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICE. IF YOU WERE USING A BETA VERSION OR OTHER VERSION OF THE SERVICE OFFERED PRIOR TO YOUR ACCEPTANCE OF THESE TERMS, THESE TERMS ALSO APPLY TO YOUR PAST USE OF THAT BETA OR OTHER VERSION OF THE SERVICE.
1. Right, License and Restrictions.
1.1. License Grant For Service.
Subject to your agreement to, and continuing compliance with, these Terms and any other relevant Split Drop policies, Split Drop grants you a non-exclusive, non- transferable, revocable limited right and license to access and use the Service. As used in these Terms, “Other User” means another licensee or user of the Service; “All Users” means you and all Other Users.
1.2. App Specific Terms.
You may agree to be bound by other terms regarding use or installation of the App and such terms continue to apply regardless of you agreeing to be bound by the Terms except to the extent such other terms conflict with any of the Terms, these Terms shall apply. You agree not to distribute or modify the App. You agree to always only use the latest available version of the App and acknowledge that any use of an older version of the App may result in some or all parts of the Service to not be available or to not function properly. You agree not to reverse engineer, decompile, or otherwise attempt to view the source code for the App.
1.3. Restrictions of Use.
By using the Split Drop site and Features or our Services, you represent, warrant and covenant that you: (i) have the power and authority to enter into and be bound by these Terms; (ii) shall use the Split Drop site and Features and our Services only as permitted by these Terms and not for any unlawful or fraudulent purpose; and (iii) are thirteen (13) years of age or older. If you are under the age of thirteen (13), you are not allowed to use the Split Drop website and Features nor our Services. Some offerings on the Split Drop website and Features and some of our Services may also be subject to additional age restrictions.
Participation on the Split Drop Website is limited to only one (1) account per person and only (1) account per household.
In order to participate in the Services offered by Split Drop, Inc., you may not be listed on any United States Government list of prohibited or restricted parties. You also must be able to represent and warrant that you are not subject to backup withholding tax because you are exempt from backup withholding or because you have not been notified by the Internal Revenue Service (IRS) that you are subject to backup withholding as a result of failure to report all interest or dividends, or because the IRS has notified you that you are no longer subject to backup withholding. Split Drop, Inc. is required by law to report all prizes paid out over $600 (six hundred dollars) and will provide a 1099 Misc. at the end of the year to you detailing what prizes were awarded to you to the IRS.
You acknowledge and agree that we do not always have the ability, in every instance, to determine whether or not the Rewards you received or redeemed in any Rewards Program are considered reportable income or taxable earnings in your jurisdiction. You are therefore responsible to make sure all tax liability arising from or associated with your use of the Website and/or participating in the Rewards Program, including liability arising from your accrual of Rewards or your redemption of such Rewards. As a condition of your continued use of the Website and our services, we reserve the right to require you to provide necessary tax reporting information if our records show that you are or may be required to report the value of your redeemed Rewards to an appropriate tax authority. We encourage you, and it is your responsibility, to seek the advice of a tax expert in order to determine the tax consequences of your use of the Website and the Rewards Program, and any associated Rewards received or redeemed.
Limited Offering of Services: Neither the availability of the App to download, nor the availability of the Services shall be construed as an offer or invitation by Split Drop, Inc. to use, download the App or use the Services provided by the Company if you reside in a country or jurisdiction in which such use is forbidden by law the country or jurisdiction is one in which Split Drop, Inc., in its sole discretion, elects not to offer the Company Services. You are solely responsible for determining whether your use of Company Services is legal in the country/jurisdiction in which you reside and/or in any country/jurisdiction in which you log-on to use Company Services. Split Drop, Inc. shall not be responsible for any illegal or unauthorized use of Company Services.
Additionally, you agree not to
- Use the Website in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Services, without our prior written consent.
= Use any device, software, or routine that interferes with the proper working of the Website
- Use the Website via fraudulent means. Therefore, you agree not to use VPN, proxy, or emulator software on our Website and you will not use fake SMS numbers, Google Voice, or VOIP when verifying your phone number
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise, attempt to interfere with the proper working of the Website.
1.4. Accounts and Access.
You must register for an account through the Service (an “Account”). You may only register for one Account. An “Account Holder” means the person in whose name an Account is registered.
1. To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
2. If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
3. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Services. We also reserve the right to withdraw or amend this Website, including any features, services or materials we provide on the Website, in our sole discretion without notice.
4. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. We will not be liable if, under any circumstances (i) all or any part of the Website is unavailable at any time or for any period or (ii) we prevent you from using the site.
1.5. Sweepstakes, Contests & Promotions:
Any sweepstakes, contests, or promotions (collectively, “Promotions”) that may be offered via any of the Website and features or our services may be governed by additional promotional terms of Services (“Additional Promotional Terms”), including but not limited to official rules, which may set out eligibility requirements, such as certain age or geographic area restrictions, terms and conditions, and details governing how your personal information may be used. In the event there is a conflict between these Terms of Services and Additional Promotional Terms, the Additional Promotional Terms shall prevail.
It is your responsibility to read any applicable Additional Promotional Terms to determine whether or not you want to or are eligible to participate, enter or register in or for the Promotions. By participating in a Promotion, you agree to comply with and abide by such Additional Promotional Terms and the decisions of the sponsor(s) of the Promotions you select.
You understand and agree that the sponsors or partners of the Promotions may have their own terms and conditions. Please review their terms and conditions carefully.
1.6. Use of the Service:
The following restrictions apply to the use of the Service:
(a) You accept full responsibility for any unauthorized use of the Service by parties not authorized to use any of your Accounts. Additionally, you are responsible for any use of your credit card or other payment instrument (e.g. PayPal) incurred by parties using your Account;
(b) You shall not create an Account using a false identity or false information, or on behalf of someone other than yourself; and we reserve the right to verify your identity to our complete satisfaction prior to crediting or allowing redemption of any Rewards, issuing or delivering any Redemption Prizes, or otherwise providing you with access to or any benefit associated with the Website and features, or your Account. At Split Drop’s sole discretion, we may request, either directly or indirectly via a third-party verification service, that you provide a photocopy of your passport, driver’s license, or state ID card. We may also require you to verify the mobile phone number associated with your Account. Refusal or failure to provide requested documentation, proof of identity, or eligibility may result in Split Drop denying or limiting access to Split Drop or your Account.
(c) Without first obtaining the written permission of Split Drop, you shall not register for an Account or in any way use the Service if Split Drop has removed, suspended, or otherwise terminated any Account registered for by you, or on behalf of you or if Split Drop has notified you that you may not use the Service;
(d) You shall not use your Account to advertise, solicit or transmit any commercial advertisements, including chain letters, junk email or repetitive messages to anyone;
(e) You shall not use the Service to engage in any illegal conduct;
(f) You shall not rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without Split Drop’s written permission;
(g) You shall not reproduce, distribute or publicly display any content you access through the Service unless such content is clearly marked as “public” and you have been given the right to view such content; and
(h) You shall not do anything with any content you access through the Service that has been marked with restrictions or other instructions that is counter to such restrictions or other instructions.
1.7. Account Information and Management.
(b) Login Information. During the Account creation process, you will be required to select a username and password (“Login Information”). The following rules govern the security of your Login Information:
(i) You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account;
(ii) In the event you become aware of, or reasonably suspect, any breach of security, including without limitation any loss, theft or unauthorized disclosure of the Login Information, you must immediately notify Split Drop and change the password on your Account;
(iii) You are solely responsible for maintaining the confidentiality of the Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
(iv) You are responsible for anything that happens through your Account.
(c) Account Access. You may access your Account and use the Services on up to (1) different mobile devices but may only be logged into your Account on one (1) device at a time.
(d) Reclaiming Usernames. Split Drop reserves the right to remove or reclaim any username at any time and for any reason or no reason, including but not limited to claims by a third party that a username violates the third party’s rights.
1.8. License and Account Limitations and Prohibitions.
(a) General Effects of Violations. Any use of the Service in violation of these Terms is strictly prohibited, can result in the immediate revocation of your limited license granted by Section 1, and may subject you to liability for violations of law. Split Drop is permitted to list or restrict use of the Service for anyone who Split Drop reasonably believes has or will violate any applicable law when using the Service.
(b) Activity Prohibitions. You agree that you will not, under any circumstances:
(i) Engage in any act that Split Drop deems to be in conflict with the spirit or intent of the Service, including but not limited to circumventing or manipulating these Terms;
(ii) Use the Service in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
(iii) Modify or cause to be modified any files or content that are used to offer the Service, without the express prior written consent of Split Drop;
(iv) Disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the Service (each a “Server”) or (2) the use or enjoyment of the Service by any other person;
(v) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person’s use or enjoyment of the Service;
(vi) Gain, or attempt to gain, unauthorized access to the Service, Accounts, Servers or networks connected to the Service by any means (including, but not limited to, circumventing or modifying, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Service);
(vii) Post any information that is abusive, threatening, obscene, defamatory, libelous or racially, sexually, religiously or otherwise objectionable or offensive;
(viii) Post any information that contains nudity, excessive violence or offensive subject matter or that contains a link to such content;
(ix) Harass, abuse, harm, or advocate or incite harassment, abuse or harm of another person or group of persons, including Split Drop employees or customer service representatives;
(x) Post, distribute or make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity or other right of any person or entity or impersonates any other person;
(xi) Transmit unauthorized communications through the Service, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items.
(xii) Interfere or attempt to interfere with the proper functioning of the Service or connect to or use the Service in any way not expressly permitted by these Terms;
(xiii) Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server or the Service, whether through the use of a network analyzer, packet sniffer or other device;
(xiv) Make any automated use of the Service or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure, as we determine in our sole discretion;
(xv) Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology or device to send content or messages, scrape, spider or crawl the Service, or harvest or manipulate data from, through, or relating to the Service;
(xvi) Use, facilitate, create or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Service or (2) any connection using programs, tools or software not expressly approved in writing by Split Drop;
(xvii) Copy, modify or distribute rights or content from any Split Drop site, including but not limited to content that contains or is protected by Split Drop’s copyrights or trademarks or use any method to copy or distribute the content of the Service, except as specifically allowed in these Terms;
(xviii) Solicit or attempt to solicit personal information from Other Users, other than from Users with whom you have an existing business relationship and only in connection with a bona fide business purpose for which the Service is intended;
(xix) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image, video, or other form), identification documents or financial information through the Service; or
(xx) Upload or transmit (or attempt to upload or to transmit), without Split Drop’s express written permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).
1.9. Suspension and Termination of Account and Service:
(a) FAILURE TO COMPLY. WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY, WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR YOUR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF, IN OUR SOLE DISCRETION, YOU FAIL TO COMPLY WITH ANY OF THESE TERMS OR YOUR ACCOUNT IS USED FOR ACTUAL OR SUSPECTED ILLEGAL ACTIVITY OR IMPROPER USE OF THE SERVICE. Split Drop SHALL BE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSSES OR ADVERSE RESULTS THAT ARE DUE TO THE SUSPENSION, TERMINATION, MODIFICATION, OR DELETION OF YOUR OR ANY ACCOUNT.
(b) IP INFRINGEMENT.
(i) WITHOUT LIMITING ANY OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR SITES AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE ANY CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT YOU ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES.(ii) REPEAT INFRINGERS. IN APPROPRIATE CIRCUMSTANCES IT IS OUR POLICY TO SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO ARE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
(c) Right to Cease Service. Split Drop reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point the license granted hereunder to you to use the Service or a part thereof will automatically terminate. Split Drop shall not be required to provide refunds, benefits or other compensation to users in connection with such cessation of the Service or any part thereof.
(d) Termination of Account. Termination of your Account can include disabling your access to the Service or any part thereof, including disabling access to any content that you or Other Users submitted. You agree that if your Account is terminated, Split Drop will not be obligated to preserve, provide you access to, or provide copies of any content submitted to the Service relating to your Account, whether by you or another User.
(e) Cancellation of Account. You may cancel your Account at any time by emailing firstname.lastname@example.org.
1.10. Intellectual Property Ownership in the Service.
The Service, and all of its components and contents, (including without limitation any computer code, template content, pre- populated content, concepts, artwork, animations, sounds, musical compositions, audio-visual effects and text contained within) is owned by Split Drop or its licensors, and all of which material is protected by United States and international patent, copyright, trademark, trade secret, and other intellectual property laws.
1.11 Receiving Rewards
You may receive Rewards in a Rewards Program by participating in various Offers, as described in the applicable Rewards Program. Subject to the other provisions of these Terms, the Company will deposit any Rewards for Offers that you choose to participate in and successfully complete into the account that you established when you joined the Rewards Program (the “Account”). Rewards are deemed successfully completed once you have fully and properly satisfied all of the requirements of the Offer in the manner specified in the Offer (including any time limitations or waiting periods for acceptance or completion of the Offer) and in compliance with these Terms, and the Company and/or its third-party Rewards Program partners are able to properly validate, track and record that you have done so. For avoidance of doubt, the Company shall not be responsible for, nor shall the Company be obligated to award Rewards to you for, any Offer that is not properly recorded, tracked, validated and/or deemed a successfully-completed Reward under the Company’s and/or its third-party Rewards Program affiliates’ policies, procedures and systems. In some instances, the Company’s third-party Rewards Program affiliates, rather than the Company, may make the final determination of whether an Offer has been successfully completed and thereby should result in a Reward. Please be sure to review all applicable terms of Offers and Rewards before deciding whether or not you would like to participate. We also reserve our right to: (1) change or limit the Offers or Rewards available or your ability to participate in certain Offers or the Rewards Program itself, (2) change or limit the eligibility for or allowable frequency of Offers, and (3) change or limit the number or type of Rewards you can receive for a given Offer or during a given time period. All such changes or limitations shall apply to all past, present, or future Rewards, unless otherwise expressly stated.
1.12 Rewards Have No Monetary Value and Are Nontransferable
You agree and acknowledge that unredeemed Rewards (coins) in your Account have no cash, monetary, or other value, remain the sole property of the Company, and are only redeemable for such Redemption Prizes as the Company may elect to offer in the Rewards Program from time to time, subject to these Terms and the Rewards Program redemption requirements at the time of redemption,
1.13 Redeeming Rewards & Prizes
Subject to the other provisions of these Terms of Services, you may redeem accumulated Rewards in your Account for Redemption of Prizes.
Split Drop stock of Redemption Prizes may be short on supply. Redemption Prizes may be redeemed on a first come, first serve or while-supplies-last basis. If you attempt to redeem a Prize and the Prize is unavailable, out of stock, or for whatever reason cannot be provided to you, Split Drop may, in its discretion, provide a substitute prize of equal or greater value.
All redemptions are final, and prizes may not be returned unless otherwise agreed to in writing by an authorized Split Drop representative.
No refunds of Prizes will be issued for any reason once the Prizes have been successfully redeemed. Once you order and receive a Prize, there is no cancellation of the transaction or re-crediting of Rewards to your Account.
Split Drop has the right to hold any credits associated with any completed transaction for up to 90 days after a successful transaction.
Redemption Prizes are digital and delivered electronically to the email address associated with your Account or as otherwise provided in the applicable Rewards Program.
If a Redemption Prize goes unclaimed or Split Drop are unable to deliver a Redemption Prize for whatever reason, you hereby authorize Split Drop, when possible, to cancel or reverse the Redemption Prize and restore the associated Rewards to your account. Split Drop shall not be liable to you for any inability or failure to cancel or reverse the Redemption Prize and restore the associated Rewards to your Account.
Your Comments, Reviews and Feedback: Split Drop, Inc. welcomes reviews, feedback, comments and suggestions for improvements to our App or Company Services (“Feedback“). Any Feedback you submit to Split Drop Inc. directly, on Social Media or through the App Stores will be considered non-confidential and non-proprietary to you. By submitting Feedback, you grant Split Drop, Inc. a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
1.15 Account Inactivity:
Any Account that has not has not received or redeemed rewards for one (1) year or more may be deemed inactive and thus the Account closed by Split Drop. Split Drop, at its sole discretion, may modify our inactive Account policies at any time. If your Account becomes inactive and you have questions or concerns or want to request Account reactivation, please contact us at email@example.com. By contacting Split Drop, this does not obligate Split Drop to Reactivate your account. It is at Split Drop’s sole discretion to reactivate an inactive account or not..
1.16 Expiration of Rewards
Split Drop has the right to reclaim any Rewards which have not been redeemed for over two (2) years. Split Drop may change expiration time of rewards at anytime and for any reason deemed necessary. Removal of Rewards from your account can be made without any compensation or any further obligation to you. If you have any questions or concerns about the expiration of your rewards or want to request re-crediting of these rewards to your Account, please contact Split Drop at firstname.lastname@example.org.
2.1 Posted Content:
“Posted Content” means any communications, videos, images, sounds, and all the material, data, and information that you upload, post, publish or transmit through the Service, including without limitation any comments you may make about content uploaded or transmitted by Other Users. We may provide you with templates, pre-populated communications, or other content through the Service (“Template Content”) that you may distribute, use or modify as part of using our Service to communicate with Other Users in a manner consistent with the intended use of the Service. You acknowledge that your use of any Template Content does not relieve you of any responsibilities or obligations under this Agreement. By transmitting or submitting any Posted Content while using the Service, you affirm, represent and warrant that such transmission or submission:
(a) is accurate and not confidential;
(b) is not in violation of any applicable law, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the Posted Content;
(c) will not, when Split Drop exercises rights in Posted Content granted under Terms, result in any infringement of the intellectual property rights of any third party or violate or misappropriate any rights of publicity or privacy for any third party; and
(d) is free of viruses, adware, spyware, worms or other malicious code. You further represent and warrant that you have all rights necessary to transmit Posted Content to Split Drop and to grant the rights in Posted Content granted to Split Drop under these Terms.
2.2. Licenses to Posted Content:
You hereby grant Split Drop a perpetual and irrevocable (other than as provided below), worldwide, fully paid-up and royalty free, non-exclusive, assignable, unlimited license and right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works of, manufacture, introduce into circulation, publish, distribute, sublicense, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way now known or in the future discovered, your Posted Content as well as all modified and derivative works thereof. Split Drop will only exercise the rights granted in this Section 2.2 to offer or to facilitate the offering of Services. To the extent permitted by applicable laws, you hereby waive any moral rights or any of your rights of publicity or privacy you may have in any Posted Content. Split Drop will cease any further public display or distribution of any Posted Content if you use the features of the Service that permit you to indicate that certain Posted Content is to no longer be displayed or distributed to Other Users except Split Drop retains the right to display or distribute any Posted Content as necessary for Split Drop to fulfill its legal duties or in connection with bringing or defending any legal claims or actions that may arise now or in the future.
2.3. Content Screening:
(a) Consent to Monitoring. By entering these Terms, you hereby provide your irrevocable consent to our monitoring and recording of your use of the Service. You acknowledge and agree that you have no expectation of privacy vis a vis us or any of our service providers who provide services to us or you as part of the Service concerning the transmission of any information, including without limitation chat, text or voice communications.
(b) Options Regarding Posted Content. Split Drop may reject, refuse to post or delete any or all Posted Content for any or no reason, including, but not limited to the reason that, in the sole judgment of Split Drop, the contents or posting or other use of such Posted Content in connection with the Service violates these Terms.
The Company respects the intellectual property rights of others and asks that all Users and Players do the same. As such, the infringement of others’ intellectual property rights will not be tolerated and may result in the termination of the infringing party’s account.
2.5. Official Rules:
(a) Sponsor: The Sponsor Split Drop and all Apps and all Games played is Split Drop, Inc. a Wyoming corporation (“Sponsor”) whose decisions are final and binding as to all aspects of the Website and Games. Any inquiries regarding Split Drop’s website and games are to be directed to Sponsor.
2.6. User Interactions and Legal Problems; Releases.
You hereby release us, and our officers, directors, agents, subsidiaries, joint ventures and employees, from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute that arises between you and one or more Other Users. If you are a California resident, you acknowledge that you are aware of, and hereby waive your rights under the provisions of California Civil Code Section 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
3. Fees and Purchase Terms.
You agree to pay any and all fees and applicable taxes incurred by you or anyone using an Account registered to you. Any required fees will be specified as part of the Service or when you register your Account. Split Drop reserves the right to charge fees for any parts of the Service that may have previously been offered without a fee. You agree that Split Drop in the future may offer premium services as part of the Service that may require fees or additional fees. Split Drop may revise the pricing for the goods and services offered through the Service at any time. YOU ACKNOWLEDGE THAT SPLIT DROP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PRODUCTS AND SERVICES WHEN YOUR ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
4. Third Party Advertising
4.1. You understand and agree that you may receive information via push notifications from Split Drop. You hereby consent to receive these communications.
4.2. Email Contact. We may send promotional messages about us and our products and services related to our Services to your email.
4.3. Push Notification. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of our Service.
5. Third Party Advertising
5.2. Links to Third Party Sites and Dealings with Advertisers. Split Drop may provide links on the Service to third party websites or vendors who may invite you to participate in a promotional offer in return for receiving a benefit. Any charges or obligations you incur in your dealings with these third parties are your responsibility. Split Drop makes no representation or warranty regarding any content, goods, or services provided by any third party even if linked from our Service, and we will not be liable for any claim relating to any third party content, goods, or services. The linked sites are not under the control of Split Drop and may collect data or solicit personal information from you. Split Drop is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Split Drop of these linked sites.
6. Updates to the Service.
You understand that the Service undergoes frequent changes. Split Drop may require that you accept or only use updates to the App or Service in order to continue using the Service. You acknowledge and agree that Split Drop may update the Service without notifying you.
7. Disclaimer; Limitations; Waivers on Liability; Indemnification.
7.1. Disclaimer of Warranties.
(a) SERVICE PROVIDED “AS IS”. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW WITH ANY LEGALLY REQUIRED WARRANTY PERIOD THE SHORTER OF THIRTY (30) CALENDAR DAYS FROM FIRST USE OR THE MINIMUM PERIOD REQUIRED).
(b) NO WARRANTY OF ERROR-FREE OPERATION. WITHOUT LIMITING THE FOREGOING, NEITHER Split Drop NOR ITS AFFILIATES OR SUBSIDIARIES, OR ANY OF THEIR DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, THIRD-PARTY CONTENT PROVIDERS, THIRD-PARTY SERVICE PROVIDERS, DISTRIBUTORS, LICENSEES OR LICENSORS (COLLECTIVELY, “Split Drop PARTIES”) WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
(c) NO WARRANTY REGARDING ACCESS TO ACCOUNTS AND CONTENT. Split Drop DOES NOT WARRANT THAT ALL CONTENT OR INFORMATION POSTED BY AN ACCOUNT HOLDER WILL REMAIN AVAILABLE AT ALL TIMES OR WILL NEVER BE DELETED, CORRUPTED OR OTHERWISE UNAVAILABLE. Split Drop DOES NOT WARRANT THAT THE SERVICE, ACCOUNT HOLDER INFORMATION OR ANY INFORMATION POSTED BY AN ACCOUNT HOLDER WILL BE KEPT FROM ANY PARTICULAR INDIVIDUAL OR ENTITY WHO EITHER HACKS OR ENGAGES IN UNAUTHORIZED ACCESS TO SUCH CONTENT OR INFORMATION OR IS MISTAKENLY GRANTED ACCESS BY Split Drop OR THROUGH THE SERVICE.
(d) NO WARRANTY REGARDING REWARDS. Split Drop MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO REWARDS RECEIVED UPON REDEMPTION OF GO POINTS. ALL REWARDS ARE SUBJECT TO THE WARRANTIES OFFERED BY THE THIRD PARTY MANUFACTURERS, PROVIDERS, AND SELLERS OF SUCH REWARDS. Split Drop MAKES NO WARRANTIES RELATED TO PRICING OF REWARDS RELATIVE TO OTHER SOURCES OF OBTAINING SUCH REWARDS OUTSIDE OF THE SERVICE.
7.2. Limitations; Waivers of Liability.
(a) DISCLAIMER OF INDIRECT DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER CAUSED BY OR RELATED TO USE OF, OR INABILITY TO USE, THE SERVICE UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY JURISDICTION, INCLUDING, WITHOUT LIMITATION ACTIONS FOR BREACH OF WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND THAT THE Split Drop PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICE, OR YOUR REDEMPTION AND USE OF A REWARD OR A DEFECT OR FAILURE OF A REWARD.
(b) NOT RESPONSIBLE FOR THIRD PARTY CONDUCT. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT THE Split Drop PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE Split Drop PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICE, OPERATORS OF EXTERNAL SITES AND MERCHANTS AND OTHER PROVIDERS OF REWARDS, AND THAT THE RISK OF THE SERVICE, THE REWARDS AND EXTERNAL SITES AND OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(c) MONETARY LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL THE Split Drop PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID Split Drop IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.
(d) FAILURE TO PAY. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID Split Drop ANY AMOUNTS IN THE ONE HUNDRED EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH Split Drop IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.
(e) DISCLAIMER MAY NOT BE APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THE SECTION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, save, and hold the Split Drop Parties harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the Service, any violation by you of these Terms, your use of a Reward, or any breach of the representations, warranties and covenants made by you herein. Split Drop reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Split Drop and you agree to cooperate with Split Drop’s defense of these claims. Split Drop will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. You agree that the provisions in this Section will survive any termination of Terms, your Account or of the Service.
8. Dispute Resolution.
8.1. Binding Arbitration of All Disputes or Claims.
The parties agree to arbitrate all disputes and claims between them (“Disputes or Claims”). This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to: (1) Disputes or Claims related in any way to any Split Drop Sites, Features, or our Services, privacy, data security, collection, use and sharing, advertising, purchase or other transactions, Rewards crediting, maintenance or expiration, Account balances or closures, Promotions, or any emails, texts, or other communications with you; (2) Disputes or Claims arising out of or relating to any aspect of the transactions or relationship between you and us, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory; (3) Disputes or Claims that arose before your agreement to these Terms or any prior arbitration agreement; (4) Disputes or Claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and (5) Disputes or Claims that arose or may arise before or after your use, or the termination of your use, of any Split Drop’s sites, Features, or our Services. Consistent with and without limiting the applicability of the foregoing, all Disputes or Claims, and all legal and equitable issues relating to or arising from any Disputes or Claims, and/or these Terms or arbitration provisions, or any other terms or agreements that incorporate the same by reference, are for the arbitrator (rather than a court) to decide, including without limitation all claims, disputes, or issues relating to formation, validity, conscionability, interpretation, scope, and enforceability. For purposes of these arbitration provisions, references to “we” and “us” include all entities included within the definition of “Company” above, and each of their affiliates, and each such entity’s respective directors, managers, officers, employees, shareholders, members, agents, suppliers, and assignees (collectively, the “Company Parties”).
8.2. Providing Us an Opportunity to Informally Resolve Your Dispute
If you intend to seek arbitration, please first send to us, by certified mail, a written Notice of Dispute (a “Dispute Notice”). Each Dispute Notice to us should be sent to our customer service address at:
Split Drop Inc.
322 Culver Blvd #1052
Playa Del Rey, CA 90293
ATTN: Dispute Resolution
The Dispute Notice should include: (1) your name, email address, telephone number and mailing address; (2) the nature and basis of your Dispute(s) or Claim(s); (3) identification or enclosure of all relevant documents and information; and (4) a description of the specific relief that you seek from us. Before you may pursue or participate in any Disputes or Claims in small claims court or in arbitration against us, after you send the Dispute Notice described above, you should allow us a reasonable opportunity (not less than thirty (30) days) to resolve your Disputes or Claims. After we receive your Dispute Notice, the parties agree to negotiate in good faith with each other to try to resolve your Disputes or Claims without formal procedures.
8.3. Agreement to Participate in Binding Arbitration.
If the parties do not reach an informal resolution of your Disputes or Claims within thirty (30) days after we receive your written Dispute Notice, you may pursue your Disputes or Claims in arbitration or, solely to the extent specifically provided below, in small claims court. If the parties cannot reach an informal resolution to the Disputes or Claims within thirty (30) days after our receipt of your Dispute Notice, you may commence an arbitration proceeding by sending an arbitration demand (“Arbitration Demand”) to the following address
Split Drop Inc.
322 Culver Blvd #1052
Playa Del Rey, CA 90293
ATTN: Dispute Resolution
The parties agree to arbitrate any Disputes or Claims between them, except to the extent either party chooses to instead pursue the Disputes or Claims in small claims court as provided below. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators generally can award the same damages and relief that a court can award.
8.4. Arbitration Rules and Procedures.
The American Arbitration Association’s (“AAA”) Commercial Arbitration Rules and the Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by these Rules, will govern the arbitration. The AAA Rules are available online at www.adr.org, or by calling the AAA at 1-800-778-7879. If your asserted Disputes or Claims—collectively—are for $10,000 or less (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video hearing, or by an in-person hearing under the AAA Rules. If your asserted Disputes or Claims—individually or in the aggregate—exceed $10,000 (exclusive of any filing, administration, arbitrator, or attorneys’ fees or other fees or expenses), the right to a hearing and the manner of hearing will be determined by the AAA Rules. Furthermore, if AAA at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in these Terms; provided, however, that in no event may such Minimum Standards contravene or restrict the application of subsection E below requiring individual arbitration and prohibiting class, representative or consolidated arbitration proceedings. Unless the parties agree otherwise in writing, any arbitration hearings will take place in the county, province or other local jurisdiction in which you reside (except that, if you reside outside of the United States or Canada, any such hearings will take place in Los Angeles County, California). One arbitrator, who is selected under the AAA Rules and who has expertise in consumer disputes in the Internet industry, will conduct the arbitration. If no arbitrator possessing such expertise is available, then the arbitration will be conducted by a single arbitrator who is selected by the mutual written approval of the parties, or if the parties are unable to mutually approve the arbitrator, by the AAA. Except as allowed under applicable law and the AAA Rules, the decisions of the arbitrator will be binding and conclusive on all parties. Judgment upon any award of the arbitrator may be entered by any court of competent jurisdiction. These provisions will be specifically enforceable in any court. Regardless of the manner in which the arbitration is conducted, in any arbitration proceeding with Disputes or Claims exceeding $10,000, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Unless otherwise provided herein, the AAA Rules will govern the payment of all arbitration fees. The arbitrator may make any determinations and resolve any Disputes or Claims as to the payment and reimbursement of arbitration fees at any time during the proceeding and within fourteen (14) days after the arbitrator’s final ruling on the merits.
8.5. Individual Arbitration; Waiver of Representative or Class Action.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Furthermore, these arbitration provisions shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
YOU AND THE COMPANY AGREE THAT:
8.6. Limitations Period.
The parties must bring any Arbitration Demand or small claims action regarding Disputes or Claims within one (1) year after the events or circumstances upon which the Disputes or Claims are based originally arose, or the Disputes or Claims will be permanently barred by the statute of limitations. To the extent the law applicable under the Governing Law section below makes this limitation period unenforceable with respect to any Disputes or Claims, then the statutes of limitations of the state whose laws govern the AAA Rules under the Governing Law section below shall apply.
You and we agree to maintain the confidential nature of the arbitration proceeding and shall not disclose the fact of the arbitration, any documents exchanged as part of any discussions or mediation, proceedings of the arbitration, the arbitrator’s decision and the existence or amount of any award, except as may be necessary to prepare for or conduct the arbitration (in which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
8.8. Changes to Arbitration Provisions.
We may make changes to these arbitration provisions from time to time. You may reject any material changes by sending us a written objection within thirty (30) days of the change to
Split Drop Inc.
322 Culver Blvd #1052
Playa Del Rey, CA 90293
ATTN: Dispute Resolution
By rejecting any future material change, you are agreeing to arbitrate in accordance with the language of these provisions prior to such change. If you do not send written objection to any change as provided above, you are agreeing to arbitration in accordance with the changed language of these provisions. To the extent that an arbitrator (or court of relevant jurisdiction, if applicable) determines that applying any changes to these arbitration provisions to any Disputes or Claims relating to prior events or circumstances would render this an illusory or unenforceable contract or otherwise violate your legal rights, such changes shall be applicable on a prospective basis only, with respect to events or circumstances occurring after the effective date of such changes, and in that case any Disputes or Claims relating to such prior events or circumstances shall be arbitrated in accordance with the language of these provisions prior to such changes to the extent necessary to avoid these Terms being deemed illusory or unenforceable.
8.9. Small Claims Court Alternative.
You may choose to pursue your Disputes or Claims in small claims court rather than by arbitration if your Disputes or Claims qualify for small claims court in a location where jurisdiction and venue over you and us is proper.
8.10. Excluded Disputes and Claims; Injunctive Relief
Notwithstanding subsection A above, you or we may at any time bring suit in a court of competent jurisdiction against the other party in relation to (and are not required to arbitrate) claims based upon infringement or misuse of intellectual property and/or misappropriation of trade secrets. Furthermore, nothing shall be construed to preclude you or us from seeking injunctive relief in order to protect your or our rights pending an outcome of Disputes or Claims while in arbitration.
8.11. Governing Law; Federal Arbitration Act
Subject to the AAA Rules, any Disputes or Claims arising between you and us arising out of or related in any way to the Split Drop Sites and Features or our Services, privacy, data security, collection, use and sharing, advertising, purchase or other transactions, Rewards crediting, maintenance, or expiration, Account balances or closures, Promotions, or any emails, texts, or other communications with you, or arising out of or relating to any aspect of the transactions or relationship between you and us, whether based on warranty, contract, tort (including negligence, whether active, passive or imputed), fraud, misrepresentation, or any other legal theory, will be governed by the internal laws of the state or province in which you reside (except that, if you reside outside of the United States and Canada, the internal laws of the State of California will govern), without regard to choice of law principles; provided, however, that the relationship and transactions between you and us evidence a transaction in interstate commerce and the Federal Arbitration Act applies to and governs the interpretation and enforcement of these arbitration provisions.
If any clause within this Section 8 (other than the Class Action Waiver clause of Section 8.4) is found to be illegal or unenforceable, that clause will be severed from this Section 8 and the remainder of this Section 8 will be given full force and effect. If the Class Action Waiver (Section 8.4) clause is found to be illegal or unenforceable, this entire Section 8, except for this Section 8.8, will be unenforceable and the dispute will be decided by a court and IN THAT INSTANCE, YOU AND Split Drop EACH WAIVE AND AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY, TO THE EXTENT ALLOWED BY LAW.
8.13. Survival. This Section 8 shall survive any termination of the Terms.
9. General Provisions.
9.3. Assignment. Split Drop may assign any of its rights or delegate any of its obligations under these Terms, in whole or in part, to any person or entity at any time without your consent. You may not assign or delegate any rights or obligations under the Terms without the prior written consent of Split Drop; any purported assignment or delegation in violation of this Section 8.3 is void.
9.4. Supplemental Policies. Split Drop may publish additional policies related to specific services such as forums, contests, or loyalty programs. Your use, if any, of such services is subject to such specific policies and these Terms.
Split Drop Inc.
322 Culver Blvd #1052
Playa Del Rey, CA 90293
ATTN: Terms Administrator
9.8. Equitable Remedies. You acknowledge that the rights granted and obligations made under these Terms to Split Drop are of a unique and irreplaceable nature, the loss of which shall irreparably harm Split Drop and which cannot be replaced by monetary damages alone, so that Split Drop shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service and agree to limit your claims to claims for monetary damages, limited by Section 7.2.
9.9. Force Majeure. Split Drop shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Split Drop, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Split Drop’s control, such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor or materials.
10. Copyright Infringement/DMCA Notice
If you believe that any content on our Website or Platform violates your copyright, and you wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millennium Copyright Act of 1998 (“DMCA Takedown Notice”)) must be provided to our designated Copyright Agent.
Split Drop’s Copyright Agent to receive DMCA Takedown Notice can be reached at, email@example.com. You acknowledge that for us to be authorized to take down any content, your DMCA Takedown Notice must comply with all the requirements of this Section. Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by Split Drop in connection with the written notification and allegation of copyright infringement.
Split Drop, Inc.
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