These Terms do not apply to any other web page operated and/or owned by anyone other than Splore and its affiliates, including, but not limited to, any website, mobile application, social media site, or other material. When visiting these third party websites and other properties, you should refer to the terms and conditions in effect for that website or property.
These Terms include important information about your legal rights, remedies, and obligations, including various limitations and exclusions, and provisions that govern the procedure, jurisdiction and venue of any disputes. By accessing or using the WebProperties, you are entering into a legal contract with us regarding your use of the Web Properties. You agree to be bound by these Terms and all additional terms incorporated by reference. If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Properties.
1. Convenience and Information Only. Subject to these Terms, we hereby grant you a non-transferable, non-exclusive, limited license to use and access the Web Properties for your non-commercial use. The WebProperties are provided to you as a convenience and for your information only.By merely providing you access to and use of the Web Properties, we do not warrant or represent that: (a) any statement, documents, images, graphics, logos, designs, audio, video, or any other information provided from or on theWeb Properties (collectively, the “Content”) is accurate or complete;(b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes made by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to comments or questions asked through the WebProperties is or will be accurate or complete.
2. Web Properties Use and Content.
(a) Use of the Web Properties. The ownership of the Web Properties, Content, and all rights therein are and will remain with Splore. You may view, copy or print a single copy of any page from the Web Properties for non-commercial purposes if you do not remove, modify, or alter any copyright or proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information, images or other Content from the Web Properties without our express, prior written consent. Any special rules for any software, downloads, and other items accessible through the Web Properties may be included elsewhere in the Web Properties and are incorporated into these Terms by reference.
(b) Restrictions on Use. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Web Properties or interact with the Web Properties in a manner that:
(i) infringes or violates the intellectual property rights or any other rights of anyone else (including Splore);
(ii) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by Splore;
(iii) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(iv) jeopardizes the security of your account or anyone else’s (such as allowing someone else to log in to the Web Properties as you);
(v) attempts, in any manner, to obtain the password, account, or other security information from any other user;
(vi) violates the security of any computer network, or cracks any passwords or security encryption codes;
(vii) runs Mail list, Listserv, any form of auto-responder or “spam” on the Web Properties, or any processes that run or are activated while you are not logged into the Web Properties, or that otherwise interfere with the proper working of the Web Properties (including by placing an unreasonable load on the Web Properties' infrastructure);
(viii) “crawls,” “scrapes,” or“spiders” any page, data, or portion of or relating to the Web Properties orContent (through use of manual or automated means);
(ix) copies or stores any significant portion of theContent; or
(x) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Web Properties.
A violation of any of the foregoing is grounds for termination of your right to use or access the WebProperties.
You will only use the WebProperties for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party or any entity, and only in a manner that complies with all laws that apply to you. If your use of the Web Properties is prohibited by applicable laws, then you aren’t authorized to use the WebProperties.
3. Updates. We may make changes to the Web Properties, the Content or these Terms or stop providing any of the Web Properties and/or the Content at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.
4. Privacy and Electronic Communication. We know that privacy is important to you, and it is important to us as well. By using the WebProperties, you consent to receive electronic communications from us unless you follow applicable opt out procedures. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
5. Splore User Account and Security. To access certain features of the Web Properties, we may require that you sign up using your email address and a password to create a Splore user account (“Splore UserAccount”). We use reasonable precautions to protect the privacy of your username, password, and Splore User Account information. However, you are ultimately responsible for protecting your username, password, and Splore User Account information from disclosure to third-parties, and you are not permitted to circumvent the use of required encryption technologies, if any. While we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. You agree to provide current, complete and accurate purchase and account information for all purchases made using our WebProperties. You agree to promptly update your Splore User Account and other information, including your email address and credit card numbers and expiration dates, so that we, and our third party service provider, can complete your transactions and contact you as needed. You agree that you are solely responsible for activity that occurs under your Splore UserAccount. We are entitled to act on all instructions received by anyone using your Splore User Account, and we reserve the right to pursue any and all claims against any user of your Splore User Account.
6. Third Party Account. You may need to access certain parts or features of the Web Properties (e.g. our proprietary bots) by using your account credentials and password from other services (“Third Party Account”),such as those offered by Discord. By using the Services through a Third PartyAccount, you permit us to access certain information from such account for use by the Web Properties. You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. We store your account credentials but will not store your password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not use any Third Party Account that you do not have the right to use, or another person’s account credentials without authorization from that other person.
7. Objectionable Material. You acknowledge that, in using the Web Properties and accessing the Content and User Content (as defined herein), you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Web Properties at your sole risk and that we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
8. Not Intended for Children and Other Age Requirements. The Web Properties are not intended or designed to attract children under the age of thirteen(13). You affirm that you are at least thirteen (13) years old and meet the minimum age of digital consent in your country. If you are old enough to access our services in your country but not old enough to have authority to consent to our terms, your parent or guardian must agree to our terms on your behalf. Please ask your parent or guardian to read these terms with you. If you are a parent or legal guardian and you allow your teenager to use the WebProperties, then these terms also apply to you and you are responsible for your teenager’s activity on the Web Properties.
(a) No Warranties for Web Properties. When using theWeb Properties, information will be transmitted in such a way that may be beyond our control. Accordingly, we make no warranty concerning the delay, failure, interruption, or corruption of any data, Content, User Content, or any other information transmitted in connection with the use of the WebProperties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS ATYOUR SOLE RISK. THE WEB PROPERTIES, THE CONTENT AND THE USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS THESE WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, THE CONTENT, THE USER CONTENT OR ANY SERVICES OR FEATURES OFFERED IN CONNECTION WITH THE WEB PROPERTIES ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ACCESSIBLE ONOR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USEDIN RUNNING THE WEB PROPERTIES.
(b) Indemnification. You agree to defend, indemnify, and hold harmless Splore and our directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs(including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i)your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; (iv) your violation of any law or the rights of a third party; (v) any dispute or issue between you and any third party; (vi) any User Content you upload to, or otherwise make available through, the Web Properties; (vii) your willful misconduct; and(viii) any other party’s access to and/or use of the Web Properties using yourUser Account and password and/or Third Party Account. Splore reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to cooperate with our defense of that claim.
(c) Verify Data. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. While we reserve the right to review any and all content you submit, including User Content made available through the Web Properties, you will remain responsible for such content. Your use of the Web Properties is subject to the additional disclaimers and caveats that may appear throughout the Web Properties.
10. Limitation of Liability. IN NO EVENT WILL WE OROUR AFFILIATES, OR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USEOF THE WEB PROPERTIES, THE CONTENT AND/OR THE USER CONTENT PROVIDED IN CONNECTION WITH THE WEB PROPERTIES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAYTO YOUR USE OF THE WEB PROPERTIES, THE CONTENT AND/OR THE USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FORANY NEGATIVE REPERCUSSIONS TO ANYONE BASED ON THE USE OF OR INABILITY TO USETHE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, THE CONTENT AND/OR ANY USER CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE CONTENT OR USER CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE CONTENT OR USER CONTENT;OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TOTHE AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU RECEIVE USING THE WEB PROPERTIES AND THE CONTENT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. THESE TERMS GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM ONE STATE OR JURISDICTION TO ANOTHER.
11. Third Party Content and Third Party Applications. We may provide hyperlinks to other websites maintained by third parties, likeFacebook and Instagram, or we may provide third party content on the WebProperties that we think will be relevant to our users (collectively, “ThirdParty Content”) by framing or other methods. In addition, the WebProperties may include certain applications, features, programs and services provided by third parties (collectively, “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content orThird Party Applications. The links to third party websites, any ThirdParty Content, and any Third Party Applications are provided for your convenience and information only. The content on any linked website or in any Third Party Application is not under our control and we are not responsible for the content of linked websites and/or Third Party Applications, including any further links contained in a third party website. We make no representation or warranty in connection with any Third Party Content or ThirdParty Application, which at all times and in each instance is provided “as is.”If you decide to access any of the third party websites linked to the WebProperties, any Third Party Content, and/or any Third Party Application, you do so entirely at your own risk. If a third party links or refers to the WebProperties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.
12. Intellectual Property. The Content of the WebProperties is intellectual property owned, controlled and/or licensed by us and/or our affiliates, or intellectual property that we are legally permitted to access and use. All applicable intellectual property laws, including copyright laws, protect our rights in and to the Content. No portion of the Content and/or User Content may be reproduced in any form or by any means, except as provided in Section 2 (Web Properties Use and Content) and elsewhere in these Terms. We are the owner or authorized licensee of, or are otherwise permitted to use, all trademarks, service marks, and logos used and displayed by us on the Web Properties. All trademarks and service marks of Splore that may be referred to on the Web Properties are the property of Splore or one of our affiliates. Other parties’ trademarks and service marks that may be referred to on the Web Properties are the property of their respective owners. Nothing on the Web Properties should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our, or our affiliates’, trademarks, service marks, logos, or copyrighted materials without our prior written permission.
13. Interactive Services and User Content Policy.
(a) We offer certain features of the Web Properties designed to facilitate interaction between you, Splore and other users of the WebProperties, including, but not limited to, the comment sections located in designated areas of the Web Properties (collectively, the “Interactive Services”). You agree to use the Interactive Services in full compliance with all applicable laws and regulations. You shall be solely responsible for your comments, opinions, statements, feedback, suggestions, messages, comments, ideas, notes, and other content that you (i) you submit or post on the WebProperties; or (ii) have posted or uploaded to your social media accounts, including but not limited to Instagram, Twitter, Facebook, Snapchat, andPinterest or any other Splore related properties (collectively, “UserContent”). We do not claim ownership in your User Content. However, by submitting any User Content in any form to Splore, in addition to other provisions of these Terms, you automatically grant Splore, its affiliates, successors and assigns, a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, sub licensable and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on any website or other Web Properties owned or operated by, and in any related marketing materials produced by, Splore and/or its affiliates, successors and assigns without further notice to you, or consent from you, and without any requirement to pay anything to you or anyone else. You will not have or obtain any rights in or to any form, media, or technology incorporating any of your User Content. You also grant to Splore and its affiliates, successors and assigns the exclusive right to incorporate your User Content into other works in any form, medium or technology, whether now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in thatUser Content. By submitting or posting User Content on the WebProperties, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you also represent and warrant to Splore that either you own all Rights in your User Content or all third party holders of Rights in your User Content have validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Splore and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise.
(b) Please remember that, even if we review your User Content, you will be solely responsible for your User Content and the consequences of posting or publishing it. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with UserContent. You acknowledge that Splore, our site moderators and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove UserContent available on or through the Web Properties that, in our judgment, does not comply with these Terms and any other rules of user conduct applicable to our Web Properties, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such User Content. You represent and warrant that neither your UserContent nor your uploading, publishing or otherwise making available your UserContent nor Splore’s use of your User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that you will not post, upload, share, store, or otherwise provide through the Web Properties anyUser Content that: (i) infringes any third party’s copyrights or other rights(e.g., trademark, privacy rights, etc.); (ii) contains sexually explicit content or pornography; (iii) contains hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors;(v) depicts unlawful acts or extreme violence; (vi) depicts animal cruelty or extreme violence towards animals; (vii) promotes fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) that violates any law.
14. Termination of Service. We may suspend or terminate your right to access portions of the Web Properties, including yourUser Account, at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers, or as we otherwise deem appropriate, in our sole discretion.
15. Additional Remedies. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may seek injunctive or other equitable relief to restrain such conduct without the necessity of proving actual harm or posting a bond.
16. Governing law. Except as otherwise required by applicable law, the terms of service and the resolution of any disputes shall be governed by and construed in accordance with the laws of the Singapore without regard to its conflict of laws principles, and you irrevocably submit to the exclusive jurisdiction of the courts in Singapore.
17. Local Laws. We make no representation that any Content,User Content or other materials on the Web Properties are appropriate or available for use in jurisdictions that are outside Singapore. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
18. Miscellaneous: You warrant and represent to us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement orin the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
By accessing and using the Web Properties, you consent to and agree to be bound by these Terms . If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties following your acceptance of any amendment of these Terms will signify your assent to and acceptance of the revised Terms for all previously collected information and information collected from you in the future . If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:
Splore Pte. Ltd.