Last updated: August, 10th 2018
Welcome to framesplash.com. These
are our Terms and Conditions (“Terms" or “Agreement”). This Agreement governs your use of our
website ("Site", "Product", "Products", "Service", "Services") and all of the Services we offer. The
Product is owned and operated by Frame Splash SRL ("FrameSplash", "framesplash.com", "us", "we",
"our"). Please read these Terms carefully.
By accessing the Site and using the Services, you
("yourself", "your") confirm and acknowledge that you have (1) read this Agreement and that you
understand its content, and (2) that you agree to be bound by this Agreement. The Agreement is
between you and framesplash.com.
If you do not agree to all the terms and conditions of this
Agreement, do not use or access the Site or the Services.
These Terms are subject to
occasional revision. All such modifications to the Agreement shall become effective upon the posting
of the revised Agreement to http://framesplash.com/terms-and-conditions
After we make the changes, we will change the "Last Updated" date above. If we make any substantial
changes, we may notify you by sending you an email to the email address you provided to us.
continuing to access or use the Services after those changes become effective, you agree to be bound
by the revised Terms.
We encourage you to check periodically these Terms and Conditions for
any changes since your last visit.
1. Account terms
You must be 16 or older to use this Service. By using
the Service and by agreeing to these Terms, you warrant and represent that you are at least 16
years of age.
You must provide your full legal name, a valid email
address, and any other requested information in order to complete the signup process and to
access our free or paid Services. You will keep your contact information accurate and
You are solely responsible for keeping your password and
Account secure. FrameSplash cannot and will not be liable for any loss or damage from your
failure to maintain the security of your Account and password.
You are responsible for all content uploaded and all
activities that occur under your FrameSplash Account. Please think carefully about the content
you share. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF SHARING OR POSTING ANY PERSONAL OR
OTHER INFORMATION ON OUR SERVICES.
You must Not post content that is pornographic, sexually
explicit or violent or that is threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, or tortious; nor may you post illegal content
(including stolen copyrighted material and material that infringes or has the potential to
infringe the intellectual property rights of another).
You will not use the Services for any illegal purposes
or to conduct any illegal activity and you must comply with applicable laws and regulations and
not participate in, facilitate, or further illegal activities.
You will not use the Services to impersonate another
You acknowledge that FrameSplash will use the email
address you provide as the primary method for communication.
The person signing up for the Service will be the
contracting party (“Account Owner”) for the purposes of our Terms and Conditions.
You must not use the Product in any way that causes, or
may cause, damage to the Product or impairment of the availability or accessibility of the
Product. You may not transmit any worms or viruses or any code of a destructive nature.
2. Your content
We claim no intellectual property rights over the
material you provide to the Service. Your profile and materials (“User Content”, “Content”)
uploaded remain yours. However, by publishing Content on the Site, you agree to allow others to
view your content. You represent and warrant that you own or otherwise control all of the rights
to the material you provide to the Service, and such material does not infringe upon or violate
the rights of any third party.
We will not enable third party advertisement on your
3. General terms and conditions
You agree not to reproduce, duplicate, copy, sell,
resell or exploit any portion of the Service, use of the Service, or access to the Service
without the express written permission by FrameSplash.
You must not modify, adapt, or "hack" the Service or
modify another website so as to falsely imply that it is associated with the Service, or with
You acknowledge and agree that your use of the Service,
including information transmitted to or stored by FrameSplash, is also governed by its Privacy
Policy at http://framesplash.com/privacy-policy
You understand that FrameSplash uses third-party vendors
and hosting partners (such as SendOwl and Amazon Hosting) to provide the necessary hardware,
software, networking, storage, and related technology required to run the Service. These Third
Party Services may have their own terms and policies, and your use of them will be governed by
those terms and policies. We don't control Third Party Services, and we’re not liable for Third
Party Services or for any transaction you may enter into with them, or for what they do. Your
security when using Third Party Services is your responsibility.
We can use your feedback for free. We welcome your
feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without
any restriction or obligation to you, even after this Agreement is terminated. This section does
not limit or affect any rights you may have under applicable data protection laws.
4. Payment and refund
Certain Services on our Site are paid services. By
purchasing any Services on framesplash.com you agree to pay FrameSplash the fees indicated for
that Service, as well as any taxes applicable to those fees.
Payments will be charged on a one-off basis on the day
you purchase the Product and will cover the use of the Product as described on the Product page.
All payments due are in EURO unless otherwise indicated.
We use a third party Payment Processor to bill you
through. You agree to make the payment with all applicable fees through the Payment Processor
using the payment method you provide. The processing of payments will be subject to the terms,
conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our
current Payment Processor is SendOwl. If your payment source is declined at any time (including,
but not limited to situations where we seek authorisations or charge attempts), we reserve the
right to disable or cancel your use of the Product immediately.
Due to the nature of our Product we're currently not
able to offer a refund. We do however offer a free trial so you can try out the Service before
5. FrameSplash's rights
You acknowledge that we do not pre-screen Content;
however, we have the right (though not the obligation) to, in our sole discretion (i) refuse or
remove any content that, in our reasonable opinion, violates these Terms or any Policy, is
alleged to be a copyright infringement or is in any way harmful or objectionable, or (ii)
terminate or deny access to the Service to any individual or entity for any reason. We will have
no obligation to provide a refund of any amounts previously paid.
FrameSplash has, at any time, in our sole discretion,
and without liability or notice to you (except where prohibited by applicable law), the right to
operate any modifications to parts or to all of the Services and their functionality, the right
to suspend or discontinue parts or all of the Services, the right to change the price of parts
or all of the Services.
6. FrameSplash's limitation of liability
You expressly understand and agree that FrameSplash
shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary
losses or damages arising from your use of the Services. We will not be liable to you in respect
of any loss or corruption of any data, database or software.
We supply the Services “as available.” We do not warrant
or guarantee that any information available using our Services is accurate or reliable. The
responsibility for the information posted, the User Content of the applications, lies
exclusively to the users. We only provide the electronic support for adding data.
FrameSplash does not warrant that (i) the Service will
meet your specific requirements or expectations, (ii) the Service will be uninterrupted, timely,
or error-free (iii) the results that may be obtained from the use of the Service will be
accurate or reliable, or (iv) any errors in the Service will be corrected.
7. Giving us access to other accounts and services
Some of our Services may require you to give us access to, or require you to
provide login information for accounts or services you may have with third party providers. When you
provide this information to us or give us access to these third party accounts you agree that you
have read all contracts and written agreements governing such access and login information and that
you have all the necessary contractual and legal rights to give us such access or login information.
You agree to indemnify, hold harmless and defend FrameSplash and its
contractors, directors, officers, employees and agents from and against any and all liability, loss,
claim, damages, expense or costs, including attorneys' fees, arising out of your use of the website,
including but not limited to your violation of this Agreement.
9. General representation and warranty
You represent and warrant that your use of the Services will be in strict
well as all applicable laws and regulations in your country.
The Services may be terminated by us, without cause, at
The Services may be terminated by you, without cause, by
using the Delete My Account feature provided through the Site. You are solely responsible for
properly cancelling your account. An email or phone request to cancel your account is not
considered a proper cancellation.
Upon termination FrameSplash will delete all data, files
or other information that is stored in Your account.
11. Additional terms
constitute the entire Agreement between FrameSplash and you concerning the subject matter hereof.
Agreements, Policies and Terms presented by us electronically to you have the same effect as one in
writing and are legally enforceable as a signed writing.
You also consent to receive all
communications regarding our Services electronically from us. The delivery of any communication from
us is effective when sent by us, regardless of when you receive or read the communication. In
addition, we are not responsible for communications that do not reach you if you have not provided
us with your current contact information.
If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original intent and the remaining
portions will remain in full force and effect.
SC FRAME SPLASH SRL
Street No. 14