Splash-Wave Terms
Revised August 15, 2018
By registering at
Splash-Wave you agree that you have read these terms,
understand them, and agree to be bound by them.
These Terms of Service
and Conditions governs
the use of the web pages
at and is associated
services, web pages,
domains and sub-domains,
which are owned and
operated by Jolynn Moss and Randy Howard ("Owner").
Wherever this Notice
refers to "users",
"you", "your" it means
"you", while "we" or
"our" or "owners" refer
to Jolynn Moss and Randy Howard and "Web Site" or "SW"
refers to
http://splash-wave.com.
This Terms of Service is
a binding agreement
between you, SW and
the owners. Acceptance
of service implies
consent to this
agreement, as well as
future updates,
alterations or changes
to this agreement. By registering for
an account at
Splash-Wave, you agree that you have read these terms, understand them, and agree to be bound by them.
In the event that we deem
you to be in violation of
the policies set forth in
these Terms of Service, We
reserve the right to
immediately revoke your
privileges granted to you
under the licensing section
of these Terms of Service
and close any active
account.
IF YOU DISAGREE WITH ANY OF THESE TERMS OR CONDITIONS.
DO NOT USE OUR WEBSITE.
1. MINORS.
We do not provide services or sell products to children.
By using the SW
website you agree that
you are at least 18
years of age or older.
If you are below the age of 18, you may
NOT use
the SW website or sign
up for an account at
SW. If you are a minor, please do not provide us,
SW or other website visitors with any personal information.
2. PRIVACY POLICY IS PART OF THESE TERMS AND CONDITIONS.
Our privacy policy is
part of, and subject to,
these terms and
conditions of use. You
may view our privacy
policy on this website
here:
Privacy Policy
3.
ACCOUNT
BALANCES, GAMES &
CONTEST WINNINGS.
Upon receiving payments
for purchases, SW
deducts any and all taxes
on said purchases to report it to
SW's taxing authority.
You are
not entitled to any
compensation
what so ever and the
Owners at their own
discretion may elect
to share the profits
generated through the
sales of purchases at
the SW website with
you. Any shared profits are
a percentage of the
profit of each sale. Any and all compensation received does not include any part of membership fees paid to SW. Membership fees are not included in any share of profits issued.
Your account balance
will be credited every
time you refer a new
customer to the Web Site
and they purchase
services or products
from the Web Site. Your
account balance will
only be credited for the
customers that you have
referred which have
successfully submitted
payment to us.
All account balances are
subject to review and
may be adjusted
accordingly for accuracy
and may be subsequently
paid up to 30 days after
completion of sale and
review.
Account balances
will only be paid from
your SW account when
the balance is $10 or
more.
To aid in fraud
prevention, your SW
account information must
be completely updated
with accurate
information, including
but not limited to: your
real first and last
name, mailing address
and accepted payment
details. The name on
your payments and
the name you registered
with at SW must match.
At any time if there are
any suspicion that the
names don't match, we
reserve the right to ask
for proof of ID to
verify your legal
identity to ensure
accuracy and for
security purposes.
We
reserve the right to
refuse to process any
payment to non-verified
payment processor accounts or
failure to comply with
these terms of service.
A 12% processing fee may
be assessed on all
payments by your payment processor.
Payments are done
weekly for all cleared
account balances.
We may provide cash
prizes/rewards for
participating in
promotions. These cash
prizes/rewards will be
added to your SW
account balance and are
subject to the terms set
forth in this terms of
service.
4. EMAILS AND
NOTIFICATIONS.
By
creating and account at
SW, You agree to
receive emails up to
every 24 hours from
admin@splash-wave.com
and/or
info@splash-wave.com. Please add these
email address to your
address book and mark
all emails from these
email address as NOT
SPAM. This is to ensure
all members get
verification emails as
well as website updates,
payment info, updates,
account issues, SW
promotions or anything
that we need to relay to
all members.
The use of an
Auto-responder or
Bounced emails are not
allowed. If your email
address bounces or sends
back to SW a
message with an
autoresponder, boxbe
verification or similar
applications, you risk
having your SW account
deleted. All referrals
and account balances
will be lost if your
account is deleted.
5. ANTI-SPAM POLICY.
This sets forth our
policy with regard to
the use of "Spam"
marketing techniques in
connection with Internet
Marketing.
We have a strict policy
against spamming. We
have a zero tolerance
for spam. We forbid the
sending of unsolicited
mass Emails or
unsolicited Emails of
any kind in connection
with the marketing of
SW, programs, products
and/or services.
We reserve the right to
suspend your SW account
and participation
pending review upon
receipt of any complaint
or other evidence that
you may be engaging in
any spamming activity.
If it is determined that
you are indeed
participating in
Spamming activities, you
will be subject to
having your SW account
deleted and subject to
civil and criminal
prosecution including
fines, damages and
compensation of losses
the owners may incur
from Spamming.
We consider spamming to
be any activity whereby
you directly or
indirectly transmit
email messages to any
email addressed that has
not solicited such email
and does not consent to
such transmissions. We
also consider spamming
to constitute posting
advertisements in
newsgroups in violation
of the terms of
participation in such
newsgroup, that are off
topic, or in newsgroups
that do not specifically
permit advertisements.
We also consider it
spamming when
advertisements are
placed on message boards
or in chat rooms when
they are not permitted
by the terms of
participation in such
message boards and chat
rooms.
If you are to include
the SW name or URL in
any email promotion,
please only email to
your own "double-optin"
subscribers or on
safelists, traffic
exchanges, ad exchanges,
list builders,
classified ads, ppc
marketing and other
legitimate forms of
advertising.
Do NOT use the SW name and URL to send emails or messages via bought commercial bulk email or contact lists.
Do NOT promote your affiliate page(s) using blasters or to purchased leads or on any program promising to blast your ad to millions of users.
SW considers the above practices to constitute abuse of our service and of the recipients of such unsolicited mailings and/or postings who often bear the expense. Therefore, these practices are prohibited by these Terms of Service. Engaging in one or more of these practices will result in immediate termination of your SW account.
If you are "Spammed" by anyone regarding our products, services, web site, or any other matters, please submit a
support ticket
to
report this activity.
6. MODIFICATIONS AND TERMINATIONS.
We reserve the right to
modify, add, change or
terminate these terms
and conditions of use
for any reason and at
any time as we deem
necessary without prior
notice to you. If such changes are made, they will be effective immediately, and
SW will notify you by a notice posted on
SW's website's home page of the changes that have been made. If you disagree with the changes that have been made, you should not use
SW's website. SW may terminate these terms and conditions of use for any reason and at any time without notice to you. If you are concerned about these terms and conditions of use, you should read them each time before you use
SW's website. Any questions or concerns should be brought to
SW's attention by submitting a
support ticket, and providing
SW with information relating to your concern.
7. LICENSEE STATUS.
You understand and agree that your use of
the SW website is limited and non-exclusive and a revocable licensee.
We may terminate your license to use
SW's website, and access to
SW's website, for any reason, and without giving you notice.
You are allowed only one account.
Only one membership per person or IP address is allowed, unless pre-approved by the owners.
Your SW account information must be completely updated with accurate information, including but not limited to: your real first and last name, mailing address.
Signing up for more than one membership is considered theft. In addition signing up under yourself in an effort to obtain
compensation is also considered theft. Your accounts will be removed, and you will lose all
account balances earned, credits, impressions, and any accrued
referrals.
Your account will be set to inactive status after 730 days (24 month) of non-use. Once your account has been set to inactive, it will be terminated 15 days later. Logging into your
SW account will reset the 24 month activity period.
Anyone referred to SW
that creates an account
at SW's website,
becomes a customer of
SW and Owners.
8. CONTENT OWNERSHIP.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by
support ticket. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by
support ticket, or by sending mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership.
9. REFUND POLICY.
For all digital
services, including but
not limited to:
advertising views and
membership fees, we have
a 7 day, no questions
asked refund policy. All
refund requests after
the 7 day period will
not be honored. All
refunds issued will be
pro-rated based on the
remaining un-used
portion of the purchase.
A
fee, not to exceed $3 (
three dollars) USD, may
or may not be subtracted
from the original
payment to offset any
fixed-fee portion of the
transaction not refunded
to us by the payment
processor(s).
For a refund request
please contact us by
support ticket.
Any disputes opened or
filed with our payment
processor(s) before
contacting us will
result in an immediate
suspension of your SW
account until further
notice and may result in
your details being
submitted to the Central
Ban System across the
LFM Network of Sites.
For all non-physical
digital products,
including but not
limited to: e-books,
pamphlets, manuals,
stock images, etc. are
Sold As Is and are
delivered immediately
and are not returnable
nor refundable. All
Sales Are Final for
these types of items.
All refund requests will
not be honored.
For all physical
products, including but
not limited to: books,
DVD's, CD's, etc., may
be returned within 30
days from the date you
received your purchase.
All returned items must
include the Shipping
Receipt and must be
in a new condition,
unopened, unworn and in
the original packaging.
NOTE that all seasonal
merchandise (e.g.
Christmas, Easter,
Halloween, etc. items,
including costumes) may
be returned up to 7 days
prior to the holiday,
unopened, unworn and in
the original packaging.
All Sales Are Final on
seasonal merchandise
purchased after the
holiday and no returns
will be accepted.
Refunds are for the
merchandise only.
Original and return
shipping charges are not
refundable. All returns
will be credited to the
original form of
payment. Customer is
responsible for all
shipping charges on
returned items.
Non-Returnable Items
Include: Health, Beauty,
Cosmetic, Makeup,
Personal Care, Women's
Intimate or Inner
Apparel, Men's Inner
Apparel, Socks, Gym
Supporters and Guards
All
returned products
require a RAN (Return
Authorization Number)
To request a RAN (Return
Authorization Number),
submit a
support ticket.
Include your Packing
Slip and Return
Authorization Form with
return. Write your
Return Authorization
Number on the OUTSIDE of
the package. Example:
RA: 1234567
All returns must be sent
via a traceable methods
so that your package may
be tracked and receipt
confirmed by your
shipper of choice.
Once you have completed
any purchase at the SW
site, you acknowledge
that you have read these
terms fully and
voluntarily agree to be
bound by these terms.
10. DISCLAIMERS AND LIMITATIONS OF LIABILITY.
SW is an information
marketing tool used to
help it's members on the
internet. The information on
the SW website is provided on an ''as is,'' ''as available'' basis.
We do not guarantee any kind of results from using our services.
You agree that your use of
the SW website is at your sole risk. We disclaim 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, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected. Information on our website should not necessarily be relied upon and should not to be construed to be professional advice from us. We do not guarantee the accuracy or completeness of any of the information provided, and are not responsible for any loss resulting from your reliance on such information. If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site. Under no circumstances will we 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 SW website, your
use of the SW website, or the content, even if advised of the possibility of such damages. Our total liability for any claim arising out of or relating to
the SW website shall not exceed fifty ($50) dollars and that amount shall be in lieu of all other remedies which you may have against us or our affiliates. Any such claim shall be subject to confidential binding arbitration as described later in these terms and conditions of use.
We
do not make any promises
written or implied as to
the amount of money that
can be made from SW.
Earning potential is
entirely dependent on
the person using our
products, ideas and
techniques. The results
will vary for each
person. Success in any
endeavor is based on
many factors individual
to you. We don't know
your educational
background, finances,
knowledge and various
skills, prior
experience, or time you
can and will devote to
our ideas and
techniques. Since these
factors differ according
to individual, we cannot
guarantee your success
or income level.
See
our Earnings Disclaimer
for more details.
11(a). SITE CONTENT
SUBMISSION POLICY.
By submitting any
website or ad content to
Splash-Wave.com,
you agree that such
content will meet the
following requirements:
-
NO
SW
Provided Splash Pages, Cash
Grab Pages
-
Content on Sites Must be in
ENGLISH Only
-
No Frame-breaking Websites
-
No Pop-ups - No Pop-unders -
No Exit Pop-ups
-
No Fly In Ads or Floating
Ads that move on the screen
-
No Sites With Anything That
Must Be Closed Before
Surfing Can Continue
-
No Adult Content, Sexual
Oriented Materials and
Services,
Dating sites
-
No Obscene, Hate, Violence,
Racial Intolerance Content
-
No Sites Promoting Pirated
Software
-
No Viruses, Trojans, or
Spyware
-
No
Sites That Does Not Load or Takes
to Long to Appear
-
No
Invalid Websites, Website Not
Viewable, Suspended Websites
-
No URL Shorteners similar to
Bitly, TinyURL, AdFly,
Google, Tiny.cc or Any Other
URL Shortner
-
No Banner or Text Ad Sites
or Pages That Display More
Than 10 Banners and/or Text
Ads on a Page
-
No PTP Sites or Cyber Chain
Letters
-
No PTC Sites That Offer
Rented Referrals
-
No Sites With Illegal
Activity
-
No HYIPs, Investment Auto
Surf Systems or Gifting
Programs. These are illegal
in most countries, including
the United States
-
No Matrix or Pyramid
Programs, Randomizers,
Cyclers, Ponzi Schemes,
Revenue Share or Rev Share
Sites or Other Get Rich
Quick Schemes
-
No Advertising Site That
Pays on More Than One Level
-
No Gambling or Lottery Sites
11(b). SITE CONTENT
SUBMISSION POLICY -
ROTATORS
Rotators with no more
than 5 websites or
content and no other
rotators included may be
submitted. All websites
or content included in
submitted rotator must
comply with the site
submission policies
found in 11(a) and
11(b). Any Rotators
found to not meet this
policy risks being
deleted along with any
advertising views
assigned to it.
We reserve the right to
not allow or ban any
type of ad, product,
person, company or
website from SW for any
reason without notice.
12. OBSCENE AND OFFENSIVE CONTENT.
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by
support ticket
so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
13. THE USAGE OF BOTS
OR OTHER SOFTWARE TO
AUTOMATE THE SURFING
FUNCTIONS.
Use of any robot/auto
surf software of any
kind will not be
tolerated. Your account
will be suspended
indefinitely without
warning and all
commissions, credits,
impressions will be
zeroed out.
14. INDEMNIFICATION.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms and conditions.
15. COMPLIANCE WITH GOVERNING LAW AND DISPUTE RESOLUTION.
You agree to obey all applicable laws while using our website. You agree that the laws of Illinois govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Illinois, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
16. SEVERABILITY OF THESE TERMS AND CONDITIONS.
If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
17. HOW TO CONTACT US.
Any questions or concerns about these terms and conditions of use should be brought to our attention by
support ticket, and providing us with information relating to your concern.
You may also mail your concerns to us using the information at the bottom of the page.
18. ENTIRE AGREEMENT.
These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of our website.
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