Effective July 21, 2008:
Sloshspot, Inc. (“Sloshspot” or “we”) operates Sloshspot.com. This Privacy Policy describes Sloshspot’s use and sharing of personally identifiable information (“PII”-- your full name, email address, mailing address, telephone number, or credit card number) that Members voluntarily provide to Sloshspot when they register (also known as “Registration PII”). The Term “User” refers to a Visitor or a Member. This Privacy Policy applies to the services offered by Sloshspot, including any Sloshspot-branded URL (the “Sloshspot Website”), the Sloshspot instant messaging service, the Sloshspot application developer service and other features (for example, music and video embedded players), Sloshspot mobile services, and any other features, content, or applications offered from time to time by Sloshspot in connection with the Sloshspot Website (collectively, the “Sloshspot Services”). The Sloshspot Services are hosted in the United States.
The Sloshspot Website is a general audience site and does not knowingly collect PII from children under 18 years of age.
From time to time Sloshspot may modify this Privacy Policy to reflect industry initiatives or changes in the law, our PII collection and use practices, the features of the Sloshspot Services, or technology, and such modifications shall be effective upon posting by Sloshspot on the Sloshspot Website. Your continued use of the Sloshspot Services after Sloshspot posts a revised Privacy Policy signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. If Sloshspot materially changes its practices regarding collection or use of your PII, your PII will continue to be governed by the Policy under which it was collected unless you have been provided notice of, and have not objected to, the change.
COLLECTION AND SUBMISSION OF PII AND NON-PII ON SLOSHSPOT
General. When Sloshspot collects PII from you it is because you are voluntarily submitting Registration PII to us in order to register as a Member of Sloshspot. Sloshspot may also collect PII from you if you choose to participate in Sloshspot Services activities like sweepstakes, contests, and surveys, because you want us to furnish you with products, services, newsletters, or information, or in connection with content or suggestions you submit to Sloshspot for review. In addition, Sloshspot collects other non-PII including IP address, aggregate user data, and browser type. This data is used to manage and improve the Sloshspot Services, track usage, and for security purposes.
Sloshspot Members may also choose to provide or store non-PII information in their profiles, including but not limited to date of birth, interests, hobbies, lifestyle choices, groups with whom they are affiliated (schools, companies), videos and/or pictures, private messages, bulletins or personal statements (collectively “Profile Information”). The Profile Information in a Member’s profile is provided at his or her sole discretion.
Sloshspot Members can change their Registration PII and Profile Information at any time and can control how Visitors, other Members and Sloshspot communicate with them by controlling their account settings, available within the “Edit Profile” portion of their Sloshspot profile. Link to Privacy Settings.
Cookies. Cookies are small bits of information that Sloshspot places on your computer. Sloshspot uses cookies to identify your Internet browser, store Users’ preferences, and determine whether you have installed the enabling software needed to access certain material on the Sloshspot Services. Data in cookies may be read to authenticate user sessions or provide services.
Third party advertisements displayed on Sloshspot Services may also contain cookies set by Internet advertising companies or advertisers (known as “third party cookies”). Sloshspot does not control these third party cookies and Users of the Sloshspot Services should check the privacy policy of the Internet advertising company or advertiser to see whether and how it uses cookies. See the “Notice” section below for more information on customized advertising on Sloshspot. A pixel tag is a tiny image inserted in a webpage and used to record the number and types of views for that page. Sloshspot may allow third party pixel tags to be present on Sloshspot Services for purposes of advertising, providing services or data and statistics collection.
You can program your computer to warn you each time a cookie is being sent, block third party cookies or block all cookies. However, by blocking all cookies you may not have access to certain features on the Sloshspot Services.
NOTICE: SLOSHSPOT WILL PROVIDE YOU WITH NOTICE ABOUT ITS PII COLLECTION PRACTICES
When you voluntarily provide PII to Sloshspot, we will make sure you are informed about who is collecting the information, how and why the information is being collected and the types of uses Sloshspot will make of the information to the extent it is being used in a manner that differs from what is allowed pursuant to this Privacy Policy.
At the time you provide your PII, Sloshspot will notify you of your options regarding our use of your PII (See “Choice” below). Except as described in this Privacy Policy, Sloshspot will not share your PII with third parties unless you have given Sloshspot permission to do so (See “Use” below). Sloshspot Services may be linked to Internet sites operated by other companies. Sloshspot Services may also carry advertisements from other companies. Sloshspot is not responsible for the privacy practices of websites or other services operated by third parties that are linked to or integrated with the Sloshspot Services or for the privacy practices of third party Internet advertising companies. Once you leave Sloshspot Services via such a link, access a third party application (such as widgets) or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any PII they collect from you.
Sloshspot may use cookies and similar tools to customize the content and advertising you receive based on the Profile Information you have provided. Profile Information you provide in structured profile fields or questions (multiple choice questions like “Marital Status,” “Education” and “Children”) (“Structured Profile Information”), information you add to open-ended profile fields and questions (essay questions like “About Me,” “Interests” and “Movies”) (“Non-Structured Profile Information”) and other non-PII about you may also be used to customize the online ads you encounter to those we believe are aligned with your interests. For example, based on your music interests we might display an advertisement to make sure you are advised when your favorite band is coming to town. The information used for this feature does not provide your PII or identify you as an individual to third parties. If you would like to disable advertising customization for Non-Structured Profile Information, please log in.
Some of the advertisements that appear on Sloshspot Services may also be delivered to you by third party Internet advertising companies. These companies utilize certain technologies to deliver advertisements and marketing messages and to collect non-PII about your visit to or use of Sloshspot Services, including information about the ads they display, via a cookie placed on your computer that reads your IP address. To opt out of information collection by these companies, or to obtain information about the technologies they use or their own privacy policies, please opt out.
Third party applications (such as widgets) created by third party developers may also be available on the Sloshspot Services. Third party applications are small bits of software, often with interactivity, that can be installed into Members’ profiles or shared with other Users. However, Sloshspot does not control the third party developers, and cannot dictate their actions. When a Member engages with a third party application, that Member is interacting with the third party developer, not with Sloshspot. Sloshspot encourages Members not to provide PII to the third party’s application unless the Member knows the party with whom it is interacting.
CHOICE: SLOSHSPOT WILL PROVIDE YOU WITH CHOICES ABOUT THE USE OF YOUR PII
Except as described in this Privacy Policy, Sloshspot will get your permission before we use the PII you provide to us in a way that is inconsistent with the purpose for which it was submitted or share your PII with third parties that are not affiliated with Sloshspot.
USE: SLOSHSPOT'S USE OF PII
Sloshspot will only use the PII you provide under this Privacy Policy in a manner that is consistent with this Privacy Policy. If Sloshspot obtains PII from a third party, such as a business partner, our use of that information is also governed by this Privacy Policy.
In order to locate other Sloshspot Members that you may already know in the physical world, Sloshspot allows Users to search for Members using Registration PII (i.e., full name or email address). Sloshspot also allows Users to browse for certain Profile Information in order to help connect with Members (i.e., schools and/or companies where Users may have attended or worked). Sloshspot may also enable Members to publicly display some Registration PII as an element of their Profile Information if they choose to do so via a profile setting under “Edit Profile.” Search engines may index the portion of a Member’s profile (including the Profile Information it contains) that is publicly displayed.
If you have consented to receive promotional materials (e.g., newsletters) or notifications from Sloshspot, Sloshspot may periodically use your email address to send you such materials related to the Sloshspot Services, as applicable. If you want to stop receiving such materials from Sloshspot, you can change your profile settings under “Account Settings,” or follow the unsubscribe instructions at the bottom of each email.
Sloshspot employees, agents and contractors must have a business reason to obtain access to your PII. Sloshspot may share your PII with those who help us manage or provide Sloshspot Services’ information activities (for example, message board administration, order fulfillment, statistical analyses, data processing), or with outside contractors, agents or sponsors who help us with the administration, judging and prize fulfillment aspects of contests, promotions and sweepstakes. These outside contractors, agents or sponsors may temporarily store some information on their servers, but they may only use your PII to provide Sloshspot with a specific service and not for any other purpose. Sloshspot may also provide your PII to a third party in those instances where you have chosen to receive certain information and have been notified that the fulfillment of such a request requires the sharing of your PII. Sloshspot also may share your PII with Affiliated Companies if it has a business reason to do so.
As described in “Notice” above, Sloshspot may customize the advertising and marketing messages you receive on the Sloshspot Website, or may work with outside companies to do so. Your non-PII and/or Profile Information may be shared with these companies so this customization can be accomplished. Sloshspot prohibits these companies from sharing your non-PII and/or Profile Information with any third party or from using it for any other purpose. Anonymous click stream, number of page views calculated by pixel tags, and aggregated demographic information may also be shared with Sloshspot’s advertisers and business partners.
There may be instances when Sloshspot may access or disclose PII, Profile Information or non-PII without providing you a choice in order to: (i) protect or defend the legal rights or property of Sloshspot, our Affiliated Companies or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of Users of the Sloshspot Services or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process. In addition, if Sloshspot sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Sloshspot may transfer your PII to the party or parties involved in the transaction as part of that transaction.
When a Member who is located in the European Union chooses to post Profile Information that will be publicly disclosed, that Member is responsible for ensuring that such information conforms to all local data protection laws. Sloshspot is not responsible under the EU local data protection laws for Member-posted information.
SECURITY: SLOSHSPOT PROTECTS THE SECURITY OF PII
Sloshspot uses commercially reasonable administrative, technical, personnel and physical measures to safeguard PII and credit card information in its possession against loss, theft and unauthorized use, disclosure or modification. In addition, Sloshspot uses reasonable methods to make sure that PII is accurate, up-to-date and appropriately complete.
ACCESS, REMEDIES AND COMPLIANCE: HOW TO ACCESS, CORRECT OR CHANGE YOUR PREFERENCES REGARDING YOUR PII AND HOW TO CONTACT SLOSHSPOT ABOUT PRIVACY CONCERNS
Whenever possible, Sloshspot Members may review the Registration PII we maintain about them in our records. We will take reasonable steps to correct any PII a Member informs us is incorrect. If you are a Member, you can view and change your Registration PII, Member preferences and Profile Information by logging into your account and accessing features such as “Edit Profile” and “Account Settings.”
If you ask Sloshspot to stop using your PII, Sloshspot will honor that request while retaining any record of your PII that is necessary to comply with applicable federal, state or local law.
If you would like to communicate with us about this Privacy Policy or Sloshspot’s collection and use of your PII please contact Sloshspot at:
Email:
privacy@Sloshspot.com
Mail:
1941 Lundy Ave, San Jose, CA 95131
Sloshspot.com Terms of Use Agreement
July 21, 2008
Sloshspot, Inc. (“Sloshspot” or “we”) operates Sloshspot.com, which is a social networking service that allows Members to create unique personal profiles online in order to find and communicate nightlife and other hot spots with old and new friends. The services offered by Sloshspot include any Sloshspot-branded URL (the "Sloshspot Website"), the Sloshspot instant messaging service, the Sloshspot application developer service and other features (for example, music and video embedded players), Sloshspot mobile services, and any other features, content, or applications offered from time to time by Sloshspot in connection with Sloshspot’s business (collectively, the "Sloshspot Services"). The Sloshspot Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Sloshspot Services. By using the Sloshspot Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Sloshspot Website, including through a mobile device, or otherwise use the Sloshspot Services without being registered) or you are a "Member" (which means that you have registered with Sloshspot). The term "User" refers to a Visitor or a Member. You are only authorized to use the Sloshspot Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and the terms of this Agreement. Please read this Agreement and save it. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Sloshspot Website and discontinue use of the Sloshspot Services immediately. If you wish to become a Member, communicate with other Members and/or make use of the Sloshspot Services, you must read this Agreement and indicate your acceptance during the registration process.
This Agreement includes Sloshspot's policy for acceptable use of the Sloshspot Services and Content (as defined in Section 6.1 below) posted on or through the Sloshspot Services and your rights, obligations and restrictions regarding your use of the Sloshspot Services and Content posted on or through the Sloshspot Services. In order to participate in certain Sloshspot Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions from Sloshspot. Unless otherwise provided by the additional terms and conditions applicable to the Sloshspot Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: privacy@sloshspot.com, Subject: Terms of Use Agreement.
Sloshspot may modify this Agreement from time to time and such modification shall be effective upon posting by Sloshspot on the Sloshspot Website. Your continued use of the Sloshspot Services after Sloshspot posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on or through the Sloshspot Services and that you provide to other Users. Your Sloshspot profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Sloshspot Members (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Sloshspot assumes no responsibility or liability for this material. If you become aware of misuse of the Sloshspot Services by any person, please click on the "Contact Sloshspot” or the “Report Abuse” link at the bottom of the Sloshspot Website pages.
Sloshspot reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Sloshspot Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Sloshspot expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Sloshspot Services if Sloshspot determines, in its sole discretion, that you have violated this Agreement or pose a threat to Sloshspot and/or its Users.
1. Eligibility. Use of the Sloshspot Services and registration to be a Member for the Sloshspot Services (“Membership”) is void where prohibited. By using the Sloshspot Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Sloshspot Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Sloshspot Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Sloshspot may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, this Agreement will remain in effect, including Sections 5-17.
3. Fees. You acknowledge that Sloshspot reserves the right to charge for any portion of the Sloshspot Services and to change its fees (if any) from time to time in its discretion. If Sloshspot terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).
4. Password. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Sloshspot immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Use by Members. The Sloshspot Services are for the personal use of Members and may be used for promotional purposes as well, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Sloshspot. Sloshspot reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Sloshspot Services, including collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sloshspot Website, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Sloshspot reserves the right to take appropriate legal action for any illegal or unauthorized use of the Sloshspot Services.
6. Proprietary Rights in Content on Sloshspot.
6.1 Sloshspot does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Content") that you post on or through the Sloshspot Services. After posting your Content to the Sloshspot Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By displaying or publishing ("posting") any Content on or through the Sloshspot Services, you hereby grant to Sloshspot a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the Sloshspot Services, including without limitation distributing part or all of the Sloshspot Website in any media formats and through any media channels, except Content marked “private” will not be distributed outside the Sloshspot Website. This limited license does not grant Sloshspot the right to sell or otherwise distribute your Content outside of the Sloshspot Services. After you remove your Content from the Sloshspot Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside the Sloshspot Website you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside the Sloshspot Website as soon as practicable after you make the change.
6.2 The license you grant to Sloshspot is non-exclusive (meaning you are free to license your Content to anyone else in addition to Sloshspot), fully-paid and royalty-free (meaning that Sloshspot is not required to pay you for the use on the Sloshspot Services of the Content that you post), sublicensable (so that Sloshspot is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Sloshspot Services), and worldwide (because the Internet and the Sloshspot Services are global in reach).
6.3 You represent and warrant that: (i) you own the Content posted by you on or through the Sloshspot Services or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on or through the Sloshspot Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the Sloshspot Services.
6.4 The Sloshspot Services contain Content of Sloshspot ("Sloshspot Content"). Sloshspot Content is protected by copyright, trademark, patent, trade secret and other laws, and Sloshspot owns and retains all rights in the Sloshspot Content and the Sloshspot Services. Sloshspot hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Sloshspot Content (excluding any software code) solely for your personal use in connection with viewing the Sloshspot Website and using the Sloshspot Services.
6.5 The Sloshspot Services contain Content of Users and other Sloshspot licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Sloshspot Services.
6.6 Sloshspot performs technical functions necessary to offer the Sloshspot Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Sloshspot Services.
7. Content Posted.
7.1 Sloshspot may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of Sloshspot violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Sloshspot assumes no responsibility for monitoring the Sloshspot Services for inappropriate Content or conduct. If at any time Sloshspot chooses, in its sole discretion, to monitor the Sloshspot Services, Sloshspot nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You are solely responsible for the Content that you post on or through any of the Sloshspot Services, and any material or information that you transmit to other Members and for your interactions with other Users.
8. Content/Activity Prohibited. The following are examples of the kind of Content that is illegal or prohibited to post on or through the Sloshspot Services. Sloshspot reserves the right to investigate and take appropriate legal action against anyone who, in Sloshspot's sole discretion, violates this provision, including without limitation, removing the offending Content from the Sloshspot Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Sloshspot:
8.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
8.2 harasses or advocates harassment of another person;
8.3 exploits people in a sexual or violent manner;
8.4 contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
8.5 solicits personal information from anyone under 18;
8.6 publicly posts information that poses or creates a privacy or security risk to any person;
8.7 constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8.8 constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
8.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
8.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
8.11 furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
8.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
8.13 involves commercial activities and/or sales without prior written consent from Sloshspot such as contests, sweepstakes, barter, advertising, or pyramid schemes;
8.14 includes a photograph or video of another person that you have posted without that person's consent;
8.15 for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
8.16 violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.
The following are examples of the kind of activity that is illegal or prohibited on the Sloshspot Website and through your use of the Sloshspot Services. Sloshspot reserves the right to investigate and take appropriate legal action against anyone who, in Sloshspot's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
8.17 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
8.18 advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Sloshspot Services. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Sloshspot reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Sloshspot deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Sloshspot Services, you acknowledge that you will have caused substantial harm to Sloshspot, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Sloshspot $50 for each such unsolicited email or other unauthorized commercial communication you send through the Sloshspot Services;
8.19 circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Sloshspot Services;
8.20 activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
8.21 covering or obscuring the banner advertisements on your personal profile page, or any Sloshspot page via HTML/CSS or any other means;
8.22 any automated use of the system, such as, but not limited to, using scripts to add friends or send comments or messages;
8.23 interfering with, disrupting, or creating an undue burden on the Sloshspot Services or the networks or services connected to the Sloshspot Services;
8.24 impersonating or attempting to impersonate another Member, person or entity;
8.25 for band, comedy, filmmaker and other profiles containing a Sloshspot player, copying the code for your Sloshspot Player and embedding it (or directing others to embed it) anywhere other than your band profile on Sloshspot;
8.26 using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
8.27 selling or otherwise transferring your profile;
8.28 using any information obtained from the Sloshspot Services in order to harass, abuse, or harm another person or entity, or attempting to do the same;
8.29 displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Sloshspot Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
8.30 using the Sloshspot Services in a manner inconsistent with any and all applicable laws and regulations.
9. Protecting Copyrights and Other Intellectual Property. Sloshspot respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Sloshspot has the right to terminate the Membership of infringers.
If you believe your work has been copied and posted on or through the Sloshspot Services in a way that constitutes copyright infringement, please send Sloshspot's Copyright Agent a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Sloshspot Services (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Sloshspot's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Sloshspot, Inc., 1941 Lundy Ave, San Jose, CA 95131; Facsimile: (408) 955-0337; Attn: Copyright Agent. Sloshspot's Copyright Agent for notification of claimed infringement can also be reached electronically by copyrightagent@sloshspot.com. Sloshspot provides certain tools and technologies to help facilitate copyright owners’ control over their copyrighted works.
10. Member Disputes. You are solely responsible for your interactions with other Sloshspot Members. Sloshspot reserves the right, but has no obligation, to become involved in any way with disputes between you and other Members.
11. Privacy. Use of the Sloshspot Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
12. Disclaimers. Sloshspot is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Sloshspot Services, whether caused by Users of the Sloshspot Services or by any of the equipment or programming associated with or utilized in the Sloshspot Services and such User Content does not necessarily reflect the opinions or policies of Sloshspot. Profiles and third party applications created and posted by Members on the Sloshspot Website may contain links to other websites. Sloshspot is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Sloshspot. Inclusion of any linked website on the Sloshspot Services does not imply approval or endorsement of the linked website by Sloshspot. When you access these third party sites, you do so at your own risk. Sloshspot takes no responsibility for third party advertisements or third party applications that are posted on or through the Sloshspot Services, nor does it take any responsibility for the goods or services provided by its advertisers. Sloshspot is not responsible for the conduct, whether online or offline, of any User of the Sloshspot Services. Sloshspot assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Sloshspot is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sloshspot Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Sloshspot Services. Under no circumstances shall Sloshspot be responsible for any loss or damage, including personal injury or death, resulting from use of the Sloshspot Services, attendance at a Sloshspot event, from any User Content posted on or through the Sloshspot Services, or from the conduct of any Users of the Sloshspot Services, whether online or offline. The Sloshspot Services are provided "AS-IS" and as available and Sloshspot expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Sloshspot cannot guarantee and does not promise any specific results from use of the Sloshspot Services.
13. Limitation on Liability. IN NO EVENT SHALL SLOSHSPOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SLOSHSPOT SERVICES, EVEN IF SLOSHSPOT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SLOSHSPOT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SLOSHSPOT FOR THE SLOSHSPOT SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls. Software available in connection with the Sloshspot Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Sloshspot Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.
15. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of law provisions. You and Sloshspot agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Sloshspot Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
16. Indemnity. You agree to indemnify and hold Sloshspot, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Sloshspot Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Sloshspot Services causes Sloshspot to be liable to another.
17. Other. This Agreement is accepted upon your use of the Sloshspot Website or any of the Sloshspot Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Sloshspot regarding the use of the Sloshspot Services. The failure of Sloshspot to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Sloshspot is a trademark of Sloshspot, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: contact@sloshspot.com with any questions regarding this Agreement.