USE OF THIS WEBSITE SIGNIFIES YOUR UNDERSTANDING AND AGREEMENT TO COMPLY WITH THESES TERMS AND CONDITIONS OF USE
Splurge® hereby grants you a limited, revocable, non-exclusive, non-transferable license, without any right to sublicense, to use this Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials, content or any other information on the Website, reverse engineer or break into (hack) the Website, or use materials, products or services in violation of any state or federal law. In addition, you shall not manipulate or otherwise display the Website by using framing or similar navigational technology, nor shall you access the Website by any means other than through the standard industry-accepted interfaces. Except as stated above, all rights are reserved. Commercial use of any content on the Website or any goods purchased through the Website is strictly prohibited.
By entering this Website, you acknowledge and agree that Splurge® operates this Website from its offices within the United States of America and that Website is intended for viewing within the United States only and will only be construed and evaluated according to United States law. Splurge® makes no representations that the materials on this Website are appropriate or available for use outside the United States. If you choose to access this Website from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.
You may not use the Splurge® icon, domain names, URL addresses, or other means to hyperlink other Internet sites with any page in the Website. You must obtain prior written permission from Splurge® to hyperlink in any manner to the Website.
The following actions are also expressly prohibited:
When you create an account with Splurge®, you will be provided with a confidential user name and password. The account is provided solely for your own personal use. Your account is non-transferrable and cannot be sold, combined or shared with any other person. You are solely responsible for all activities that occur under your account, including but not limited to any content and data posted, shared or transmitted through the Website and any messages, online chats or other interactions with other users. You are responsible for keeping your user name and password confidential. You shall not knowingly disclose your user name and password to any third party. You must notify us immediately of any unauthorized use of your user name and password, if you believe that your user name and password is no longer confidential, or if you believe that there has been a breach in security with respect to your account. We reserve the right to require that you change your password if your account is no longer secure. Splurge® shall not be liable for any loss or damages you may suffer as a result of someone else using your user name and password.
Your access to the Website and your account is solely for your own personal use. You shall not authorize or enable others to use your account. You shall not use the user name or password of any other user at any time, or attempt to impersonate another user, or any person who is not a user.
You are solely responsible for the information, opinions, descriptions, photos, profiles, messages, videos, and all other content that you post, store or transmit on or through the Website, or share with other users or that is posted, stored, transmitted or shared using your user name and password (“User Content”). By posting User Content to any part of the Website, you automatically grant Splurge® an irrevocable, perpetual, non-exclusive, transferable, royalty-free, worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt, transmit, and distribute such User Content for any purpose on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and authorize sublicenses of the foregoing. You agree not to post, store or transmit any User Content on or through the Website that violates any third party intellectual property rights, violates any laws, or that is obscene, lewd, lascivious, violent, harassing, abusive, insulting, defamatory, racist, sexist, threatening or otherwise objectionable (collectively “Offensive Material”).
You agree that Splurge® has the right to remove any content, including User Content, from the Website at any time, with or without cause. Posting and sharing content on the Website is a privilege and not a right. Splurge® also has the right to refuse, move, or block access to any material submitted on or through the Website, and to establish general practices and limits concerning use of the Website.
It is our policy not to tolerate any Offensive Material being posted on the Website, regardless of whether or not such material is constitutionally protected. If you believe someone has posted any content that may be considered Offensive Material, please notify us by email at email@example.com. You must use this address if you want to ensure that your complaint is actually received by the appropriate person. Your email must also include (1) the nature of the violation; (2) all facts which lead you to believe this policy has been violated; (3) the precise location of the where the Offensive Material is located; and (4) the identity of the person or persons who posted the Offensive Material (if known).
It is the sole and complete discretion of Splurge® to decide whether or not remove content from the Website. Splurge® has no obligations, contractual or otherwise, to take or refrain from taking any action. Under no circumstances will Splurge® be liable for removing or failing to remove any content.
All products purchased using the Website are purchased from third party retailers (“Retail Partners”). All sales are subject to the sales terms and refund policies of each Retail Partner. Links to the sales terms and refund policies are provided in the individual Retail Partner store. Please review these terms and policies carefully We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Amazon does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
This Website may contain materials submitted by third-parties, including but not limited to User Content, product descriptions, and advertisements. Any such materials are provided solely as a convenience to you. Splurge® has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use or rely on any of the third-party materials, you do so at your own risk. In no event shall Splurge® be liable for any loss, claim, damages, or costs that may arise in connection with your use of or reliance on these materials.
From time to time Splurge® and/or its Retail Partners may provide opportunities to participate special promotions, contests, games and/or sweepstakes. The rules, regulations and procedures governing any of the foregoing shall be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of them, you agree to be subject to those rules, regulations and procedures. Please remember to read the rules carefully before participating. Coupons and special promotions cannot be combined unless specifically authorized.
We do not accept or consider unsolicited ideas, including ideas for new products or services. You should not transmit any material to Splurge® that you consider to be confidential or proprietary. Any material that you transmit to Splurge® will be considered non-confidential and non-proprietary. You give Splurge® an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute any such information. You further agree that Splurge® has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas that you (or those who act on your behalf) transmit to Splurge®.
The Splurge® name and logo are trademarks of Splurge®. All other company names, logos, and trademarks mentioned herein are the property of their respective owners. Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Splurge® name, logos, or trademarks without obtaining the written permission of Splurge® or such other third party owner, as applicable.
You acknowledge that Splurge® will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.
This Website is intended for adults age 18 or older. This Website is not intended for any children under the age of 13.
Splurge® will make reasonable efforts to keep the Website operational. However, certain technical difficulties, routine site maintenance/upgrades and other events outside the control of Splurge® may, from time to time, result in temporary interruptions to the Website. In addition, Splurge® reserves the right at any time and from time to time to modify or discontinue (on a temporary or permanent basis) certain functions of the Website or the entire Website, with or without notice.
This Website may contain links to third-party websites that are not under the control of or maintained by Splurge® including advertiser websites (the “Linked Sites”). The Linked Sites are not under the control of Splurge® and Splurge® is not responsible for the contents of any Linked Site. Splurge® does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this Website, you do so at your own risk. In no event shall Splurge® be liable for any loss, claim, damages, or costs that may arise in connection with your use any third-party links or Linked Sites.
Any dealings with third parties (including advertisers) included within the Website or Linked Sites or participation in promotions offered by third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Splurge® shall not be responsible or liable for any part of any such dealings or promotions.
THE INFORMATION ON THIS WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. YOU AGREE THAT USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SPLURGE® DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THIRD PARTY RIGHTS ARISING OUR OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE SITE MAY INVOLVE BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS. SPLURGE® HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR USE OF ANY INFORMATION OR SERVICES ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPLURGE® THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE OF ANY KIND.
Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you if prohibited by law.
UNDER NO CIRCUMSTANCES WILL SPLURGE® BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE WEBSITE, YOUR WEBSITE USE, OR THE CONTENT OR MATERIALS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS A REFUND OF AMOUNTS PAID TO SPLURGE® AND TO CEASE ALL OF YOUR WEBSITE USE.
YOU HEREBY WAIVE AND RELEASE SPLURGE® AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM ANY AND ALL LIABILITY ARISING FROM OR RELATING TO ANY ACT OF OMISSION OF A RETAIL PARTNER IN CONNECTION WITH YOUR USE PURCHASE OF GOODS OR SERVICE PROVIDED BY ANY SUCH RETAIL PARTNER.
Some states and other jurisdictions may not allow this limitation of liability, so the forgoing disclaimer may not apply to you if prohibited by applicable law.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe that your copyrighted material has been copied in a way that constitutes copyright infringement, please contact the designated Copyright Agent for Splurge® and provide the following information:
Send this information to:
Attn: Copyright Agent
16192 Coastal Highway
Lewes DE 19958
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.