TERMS & PRIVACY AGREEMENT
www.splintr.com

 

TERMS OF USE

 

1. DESCRIPTION OF SERVICE AND ACCEPTANCE

Welcome to splintr.com – an online music video site. 
SPLINTR.COM, ("SPLINTR.COM," "we" or "us") provides an online video service offering a selection of original sessions videos, artists music videos, live gig videos, event videos, shows, clips and other text content (collectively, "Content") available on the www.splintr.com website (the "SPLINTR.COM Site” and the “Website") and SPLINTR.COM's affiliate and distribution partner websites ("Distribution Sites"). Our video service, including the Content and our video player, and any other features, tools, applications, materials or other services offered from time to time by SPLINTR.COM in connection with its business on any of the Sites are referred to collectively as the "SPLINTR.COM Services." We are a company based in the Philippines and the Splintr service is operated by Mount Vesuvius, Inc. or also known as Vesuvius Films.

It is our pleasure to provide the SPLINTR.COM Services for your personal enjoyment and entertainment. In order for all of our users to enjoy the SPLINTR.COM Services, it is important to follow the terms and conditions described in this Terms of Use ("Terms of Use" or "Terms"). By visiting the SPLINTR.COM Site (whether or not you are a registered member) or using any of the SPLINTR.COM Services on any of the Sites, you are accepting this Terms of Use. In addition, if you are an individual who wishes to become a Splintr member (a “Member”) and make use of the Splintr services, you must read this agreement and indicate your acceptance of its terms by following the instructions on the “Register” page and checking the box labeled “I agree to the terms and agreement of the site”.

Please take a moment to carefully read through these Terms & Privacy Policy. It is our goal to provide you with a first class user experience, so if you have any questions or comments about these Terms & Privacy Policy, please contact us at admin@splintr.com.

2. CHANGES TO THE TERMS OF USE BY SPLINTR.COM

SPLINTR.COM may change this Terms of Use at any time and such change shall be effective upon posting the new Terms of Use on the SPLINTR.COM Site at www.splintr.com/terms&privacy.  Any visit to the SPLINTR.COM Site or use of the SPLINTR.COM Services on any of the Sites by you after the new Terms are posted will indicate your agreement to such change. Therefore, it is important you read this page regularly to ensure you are familiar with the most updated terms.

3. ACCESS AND USE OF THE SPLINTR.COM SERVICES

You must be at least 13 years of age to visit the SPLINTR.COM Site or use the SPLINTR.COM Services on any Site. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your License. SPLINTR.COM is pleased to grant you a limited license to access and make personal, non-commercial use of the SPLINTR.COM Services. SPLINTR.COM owns and retains all rights to the SPLINTR.COM Services. Please remember that the Content provided to users as part of the SPLINTR.COM Services is owned by SPLINTR.COM and its licensors. The SPLINTR.COM Services are protected by intellectual property laws, including trademark, trade secret, copyright, and other laws.  The Content of the Website also includes materials such as, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in the Website, which are not the property of, or licensed to the operator, are acknowledged on the Website.

The Content. You may view the Content only for your own use and you must leave any copyright and other proprietary notices marked on the Content. The reproduction, duplication, distribution (including by way of email, facsimile or other electronic means), publication, modification, copying, translation, broadcast, distribution, performance, display, sale, or transmission of the Content is strictly prohibited unless you have obtained the prior written consent of SPLINTR.COM or unless it is expressly permitted by SPLINTR.COM on a Site. The Content covered by this restriction includes any text, graphics, logos, photographs, audio and video materials, and stills. In addition, you are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based on in any way the Content, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, unless you have obtained the prior written consent of SPLINTR.COM or unless it is expressly permitted by SPLINTR.COM on a Site. This prohibition applies even if you intend to give away the derivative materials. Such unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence. Additionally, you may not create a link to this website from another website or document without SPLINTR.COM’s prior written consent.

The Video Player. With respect to SPLINTR.COM's video player, you must not modify, enhance, or otherwise alter in any way any portion of the video player or its underlying technology. This restriction includes disabling or otherwise modifying the video service in a manner that enables users to view the Content without using the SPLINTR.COM video player. Also, you may not embed SPLINTR.COM's video player on any website or other location that contains content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, harassing, vulgar, indecent, profane, hateful, racially or ethnically offensive, encourages criminal conduct, gives rise to civil liability, violates any law, rule or regulation, infringes any right of any third party including intellectual property rights, or is otherwise inappropriate (collectively, "Unsuitable Material").

Your Responsibilities. In order for us to keep the SPLINTR.COM Services safe and available for everyone to use, we all have to follow the same rules of the road. In general, we need for everyone to use the SPLINTR.COM Services for lawful and appropriate purposes only. Your commitment to this concept is critical. More specifically, you agree not to use the SPLINTR.COM Services in a way that:

• violates the rights of others including patent, trademark, trade secret, copyright, publicity or other proprietary rights;
• uses technology or other means to access the SPLINTR.COM Services that is not authorized by SPLINTR.COM (including disabling or circumventing any mechanisms for preventing the unauthorized reproduction or distribution of the SPLINTR.COM Services);
• accesses the SPLINTR.COM Services through any automated system, including "robots," "spiders," or "offline readers" (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices — but not caches or archives — of the SPLINTR.COM Services);
• attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• attempts to damage, disable, overburden, impair, or gain unauthorized access to the SPLINTR.COM servers, computer network, or user accounts;
• attempts to collect personally identifiable information in violation of SPLINTR.COM's Privacy Policy;
• encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
• violates these Terms, guidelines or any policy posted on the SPLINTR.COM Site; or
• interferes with any other party's use and enjoyment of the SPLINTR.COM Services.

No Spam/Unsolicited Communications. We know how annoying and upsetting it can be to receive unwanted email or instant messages from people you do not know. Therefore, no one may use the SPLINTR.COM Services to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent unsolicited bulk or other communications from entering, utilizing or remaining within our computer or communications networks. If you Post (as defined below) or otherwise send spam, advertising, or other unsolicited communications of any kind through the SPLINTR.COM Services, you acknowledge that you will have caused substantial harm to SPLINTR.COM and that the amount of such harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay SPLINTR.COM $50 for each such unsolicited communication you send through the SPLINTR.COM Services.

Downloads. In order to participate in certain SPLINTR.COM Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these Terms.

Suspension/Discontinuation. We hope not to, but in order to ensure that we provide you with a first class user experience, we may find it necessary to change, suspend or discontinue — temporarily or permanently — some or all of the SPLINTR.COM Services, at any time without notice. It is important that you understand that SPLINTR.COM will not be liable to you for any modification, suspension or discontinuance of the SPLINTR.COM Services.

4. PAYMENTS

Access and membership to the SPLINTR.COM Site and use of the SPLINTR.COM Services is free. If we feel it is appropriate to charge for certain premium SPLINTR.COM Services, we will of course notify you. You will then have an opportunity not to use such premium SPLINTR.COM Services if you are not interested in paying for them. You are responsible for any costs you incur to access the internet.

5. ACCOUNTS AND REGISTRATION

We may from time to time offer various features that require registration or the creation of an account on the SPLINTR.COM Site. If at any time you choose to register or create an account with us, these additional terms and conditions also will apply.
All registration information you submit must be accurate and updated. Please keep your password confidential. You will not have to reveal it to any representative of any Site. You are responsible for all use on your account, including unauthorized use by any third party. Therefore, it is critical that you do not share your password with anyone. Please notify us at admin@splintr.com as soon as you know of, or suspect any unauthorized use of, your account. Please also make sure to notify us if your registration information changes, in case we need to contact you.

You may terminate your account by emailing admin@splintr.com. Please identify your account and provide a valid reply email address in the event we require additional information to terminate your account.

We reserve the right to immediately terminate your account or your use of the SPLINTR.COM Services at any time without notice or liability if SPLINTR.COM determines in its sole discretion that you have breached this Terms of Use, violated any law, rule, or regulation, or engaged in other inappropriate conduct. We also reserve the right to terminate your account or your use of the SPLINTR.COM Services if such use places an undue burden on our networks or servers. Of course, we would prefer to avoid such termination; therefore, we may use technology to limit activities, such as the number of calls to the SPLINTR.COM servers being made or the volume of User Material (as defined below) being Posted.

6. COLLECTION AND USE OF PERSONAL INFORMATION

For information about SPLINTR.COM's policies and practices regarding the collection and use of your personally identifiable information, please read SPLINTR.COM's Privacy Policy located at www.splintr.com/terms&privacy.  The Privacy Policy is incorporated by reference and made part of this Terms of Use. Thus, by agreeing to this Terms of Use, you agree that your presence on the SPLINTR.COM Site and use of the SPLINTR.COM Services on any of the Sites are governed by the SPLINTR.COM Privacy Policy in effect at the time of your use.

7. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

Your Posts. As part of the SPLINTR.COM Services, users may have an opportunity to publish, transmit, submit or otherwise post (collectively, "Post") reviews, comments or other materials (collectively, "User Material"). In order to keep the SPLINTR.COM Services enjoyable for all of our users, we ask you to adhere to the following rules.
Please choose carefully the User Material you Post. Please limit yourself to User Material directly relevant to the SPLINTR.COM Services. Moreover, you must not Post User Material that: (a) contains Unsuitable Material; or (b) improperly claims the identity of another person. You should also be careful if you decide to Post personally identifiable information, such as your full name, email address, telephone number or street address.

You must be, or have first obtained permission from, the rightful owner of any User Material you Post. By submitting User Material, you represent and warrant that you own the User Material or otherwise have the right to grant SPLINTR.COM the license provided below; you also represent and warrant that the Posting of your User Material does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Material. SPLINTR.COM will remove all User Material if properly notified that such User Material infringes on another person's rights. You understand that SPLINTR.COM does not guarantee any confidentiality with respect to any User Material.

SPLINTR.COM does not claim any ownership rights in User Material you Post. After Posting your User Material, you continue to retain all ownership rights. By Posting your User Material, you grant SPLINTR.COM a limited license to use, display, reproduce, distribute, modify, delete from, add to, prepare derivative works of, publicly perform, and publish such User Material through the SPLINTR.COM Services worldwide, in perpetuity, in any media formats and any media channels now known or hereinafter created. Without this license, we would not be able to provide your User Material in connection with the SPLINTR.COM Services. For example, without the right to modify User Material, we could not format it to satisfy technical requirements, and without the right to publish User Material, we could not allow other users to view your User Material. The license you grant to SPLINTR.COM is non-exclusive (meaning you are free to license your User Material to anyone else in addition to SPLINTR.COM), fully-paid and royalty-free (meaning that SPLINTR.COM is not required to pay you for the use of your User Material), and sublicensable (so that SPLINTR.COM is able to use its affiliates, subcontractors and other partners such as internet content delivery networks to provide the SPLINTR.COM Services). By Posting your User Material, you also hereby grant each user of the SPLINTR.COM Services a non-exclusive limited license to access your User Material through the Sites, and to use, display, reproduce, distribute, and perform such User Material as permitted through the functionality of the SPLINTR.COM Services and under these Terms of Use.

Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate or inappropriate. SPLINTR.COM does not endorse any User Material, and User Material that is Posted does not reflect the opinions or policies of SPLINTR.COM. We reserve the right, but have no obligation, to monitor User Material and to restrict or remove User Material that we determine, in our sole discretion, is inappropriate. In no event does SPLINTR.COM assume any responsibility or liability whatsoever for any User Material, and you agree to waive any legal or equitable rights or remedies you may have against SPLINTR.COM with respect to such User Material. You can help us tremendously by notifying us of any inappropriate User Material you find. If a "report" feature through the SPLINTR.COM Services is not available for a specific instance of inappropriate User Material, please email us at admin@splintr.com.

8. LINKED WEBSITES AND ADVERTISING

Third Party Websites. If we provide links or pointers to other websites, no inference or assumption should be made that SPLINTR.COM operates, controls, or is otherwise connected with these websites. When you click on a link within the SPLINTR.COM Services, we will not warn you that you have left a Site and are subject to the terms and conditions (including privacy policies) of the destination website. In some cases it may be less obvious than others that you have left a Site and reached another website. Please be careful to read the terms of use and privacy policy of any website before you provide any confidential information or engage in any transactions. You should not rely on these Terms for another website.
SPLINTR.COM is not responsible for the content or practices of any other website, even if it links to the SPLINTR.COM Site or any of the other Sites and even if the website is operated by a company affiliated or otherwise connected with SPLINTR.COM. By using the SPLINTR.COM Services, you acknowledge and agree that SPLINTR.COM is not responsible or liable to you for any content or other materials hosted and served from any third party website.

Advertisements. SPLINTR.COM takes no responsibility for advertisements or any third party material Posted on any of the Sites, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the SPLINTR.COM Services are between you and the advertiser, and you agree that SPLINTR.COM is not liable for any loss or claim that you may have against an advertiser.

9. TRADEMARKS

SPLINTR.COM, the SPLINTR.COM logo, www.splintr.com and other SPLINTR.COM marks, graphics, logos, scripts, texts and sounds are trademarks of SPLINTR.COM. None of the SPLINTR.COM trademarks may be copied, downloaded or otherwise exploited without SPLINTR.COM's prior written consent.

10. UNSOLICITED SUBMISSIONS

SPLINTR.COM does not knowingly accept unsolicited submissions including music videos, sessions videos, clips, scripts, story lines, articles, fan fiction, characters, drawings, information, suggestions, ideas or concepts. SPLINTR.COM's policy is to delete any such submission without reading it. Therefore, any similarity between an unsolicited submission and any elements in any SPLINTR.COM creative work, including a video, a film, series, story, title, article, event, material or concept, would be purely coincidental.

11. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

While we do our best to ensure the optimal performance of the Splintr.com services, you agree that use of the Splintr.com services is at your own risk. The Splintr.com services, including the Splintr.com site and the other sites, the content, user material and any other materials contained on or provided through the sites, are provided "as is" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, splintr.com does not make any warranties of fitness for a particular purpose; or that the splintr.com services will be uninterrupted, free of viruses and other harmful components, accurate, error free or reliable.

In no event shall Splintr.com or its affiliates, and each of their respective investors, directors, officers, employees, agents and suppliers (collectively, the "splintr.com parties"), be liable for any direct, indirect, punitive, incidental, special, consequential or other damages, including loss of profits, arising out of or in any way related to the use of the Splintr.com services (including any information, products or services advertised in, obtained on or provided through the sites), whether based in contract, tort, strict liability or other theory, even if the Splintr.com parties have been advised of the possibility of damages. Certain laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

You agree to defend, indemnify and hold harmless the Splintr.com parties from and against any and all liabilities, claims, damages, expenses (including reasonable attorney's fees and costs), and other losses arising out of or in any way related to your breach or alleged breach of these terms and your use of the Splintr.com services.

12. NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that any Content, User Material or other material provided through the SPLINTR.COM Services, including through a link, infringes your copyright, you should notify SPLINTR.COM of your infringement claim in accordance with the procedure set forth below.

We will process each notice of alleged infringement which SPLINTR.COM receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to SPLINTR.COM at admin@splintr.com. You may also contact us by mail or facsimile at:
Attention: Copyright Claim/Notice
VESUVIUS FILMS / www.splintr.com
38 Tampingco St., San Lorenzo Village, Makati City, Manila, Philippines.
Facsimile: (632) 7060533
To be effective, the notification must be in writing and contain the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the SPLINTR.COM Services that is reasonably sufficient to enable SPLINTR.COM to identify and locate the material; (d) how SPLINTR.COM can contact you, such as your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Emails sent to admin@splintr.com for purposes other than communication about copyright infringement may not be answered.
SPLINTR.COM has a policy of terminating repeat infringers in appropriate circumstances.

13. GENERAL INFORMATION

International Use. SPLINTR.COM's goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where SPLINTR.COM does not have rights is prohibited.

Export Controls. Software and the transmission of applicable technical data, if any, in connection with the SPLINTR.COM Services are subject to export controls. You agree to comply with all applicable laws regarding software and the transmission of technical data exported from the Philippines or the country in which you reside.

Choice of Law. This Terms of Use is governed by, and construed in accordance with, the laws of the Philippines, without giving effect to principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts located in the Philippines.

No Waiver/Reliance. If you see other users violating these Terms from time to time, we would appreciate it if you would let us know at admin@splintr.com. Precisely how SPLINTR.COM responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. Please do not rely upon SPLINTR.COM's precise response in one situation as any indication of what SPLINTR.COM might do with respect to a different party or a different situation at a different time. In addition, please do not construe a waiver of any provision of these Terms of Use with respect to any user as a further or continuing waiver of such provision or any other provision with respect to that user or any other user. SPLINTR.COM's decision to delay exercising or enforcing any right or remedy under these Terms of Use shall not constitute a waiver of such right or remedy.

Integration, Amendment, and Severability. Please note that this Terms of Use constitutes the entire legal agreement between you and SPLINTR.COM and governs your use of the SPLINTR.COM Services (but excluding any services, if any, that SPLINTR.COM may provide to you under a separate written agreement), and completely replaces any prior agreements between you and SPLINTR.COM in relation to the SPLINTR.COM Services. It may not be amended or varied by you except in a writing signed by SPLINTR.COM. Although we understand that electronic or digital signatures are frequently viewed as the equivalent of traditional written signatures these days, for these purposes a signature may not include an electronic or digital signature. Even if SPLINTR.COM acts in a way that appears to you to be inconsistent with these Terms of Use, such action(s) should not be deemed a waiver or constructive amendment of these Terms. This Terms of Use operates to the fullest extent permissible by law. If any provision of these Terms is unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY

This privacy policy sets out how SPLINTR.COM uses and protects any information that you give us when you use this website.

SPLINTR.COM is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this Website, then you can be assured that it will only be used in accordance with this privacy statement.

SPLINTR.COM may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from March 1, 2009 onwards.

What we collect

We require you to fill up the following information in full when you register to be a member of the Website:

• given name, username and password
• contact information including city/country of origin, mobile number and email address
• demographic information such as birthdate, gender and civil status
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

• Internal record keeping.
• We may use the information to improve our products and services.
• We may periodically send promotional email about new content, special events or other information which we think you may find interesting using the email address which you have provided. 
• From time to time, we may also use your information to contact you for market research purposes. We may contact you by email or mobile phone. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us at admin@splintr.com as soon as possible.  We will promptly correct any information found to be incorrect.

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Thank you for taking the time to read this Terms of Use and Privacy Policy. By following the  terms herein, the experience will be better for all users. Enjoy the SPLINTR.COM Services!

www.splintr.com is a service mark of Mount Vesuvius, Inc. also known as Vesuvius Films