SplitsApp Terms and Conditions

Last updated: (February 16, 2018)

1. INTRODUCTION:

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the website and the Splits mobile application (the "Service", or the “Application”) operated by Create Music Group, Inc. ("us", "we", "our", or “Create”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By downloading or otherwise accessing the Application you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any questions about the Application or these Terms, you can contact us by any of the means set out in paragraph 12 of these Terms. If you do not agree with these Terms, you should stop using the Application and uninstall it immediately.

2. GENERAL RULES RELATING TO CONDUCT:

The Application is made available for your own, personal use. The Application must not be used for any illegal or unauthorized purpose. When you use the Application, you must comply with all applicable United States laws and with any applicable international laws, including the local laws in your country of residence (together referred to as “Applicable Laws”). You agree that when using the Application, you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to: (a) Use the Application in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or (b) Attempt to gain unauthorized access to the Application or any networks, servers or computer systems connected to the Application; or (c) Modify, adapt, translate or reverse engineer any part of the Application or re-format or frame any portion of the pages comprising the Application, save to the extent expressly permitted by these Terms or by law. You agree to indemnify Create and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the Application otherwise than in accordance with these Terms or Applicable Laws.

3. CONTENT:

(i) The Application is intended as a mobile platform for accurately recording the ownership percentages of musical compositions at the time the composition is created and identifying both the composition itself and the parties who may have an ownership percentage in it. The Application allows you to post, link, store, share and otherwise make available certain information, text, graphics, audio files, video files, or other material ("Content"). You are responsible for the substance of the Content which you create in the Application. (ii) The Application also contains material copyrighted by Create Music Group, Inc. The copyright in all material contained on, in, or available through the Application including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned by or licensed to Create or its group companies. All rights are reserved. You cannot print or download extracts of the Material for your own personal use nor copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without Create’s express, written permission. (iii) The trademarks, service marks, and logos (“Trade Marks“) contained on or in the Application are owned by Create or its group companies or third-party partners of Create. You cannot use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Create or the relevant group company or the relevant third-party partner of Create.

4. LINK TO THIRD PARTIES:

The Application may contain links to websites operated by third-parties (“Third-Party Websites“). Create may monetize some of these links through the use of third-party affiliate programs. Notwithstanding such affiliate programs, Create does not have any influence or control over, and assumes no responsibility for, any such Third-Party Websites, not the content, privacy policies, or practices of any third party web sites or services; and, unless otherwise stated, is not responsible for and does not endorse any Third-Party Websites or their availability or contents. Create shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

5. CREATE PRIVACY POLICY:

We take your privacy very seriously. Create will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the Application, you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

6. DISCLAIMER / LIABILITY:

USE OF THE APPLICATION IS AT YOUR OWN RISK. THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) CREATE DISCLAIMS ALL LIABILITY WHATSOEVER, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE IN RELATION TO THE APPLICATION; AND (B) ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS RELATING TO THE APPLICATION (WHETHER IMPLIED BY STATUE, COMMON LAW OR OTHERWISE), INCLUDING (WITHOUT LIMITATION) ANY WARRANTY, TERM OR CONDITION AS TO ACCURACY, COMPLETENESS, SATISFACTORY QUALITY, PERFORMANCE, FITNESS FOR PURPOSE OR ANY SPECIAL PURPOSE, AVAILABILITY, NON INFRINGEMENT, INFORMATION ACCURACY, INTEROPERABILITY, QUIET ENJOYMENT AND TITLE ARE, AS BETWEEN CREATE AND YOU, HEREBY EXCLUDED. IN PARTICULAR, BUT WITHOUT PREJUDICE TO THE FOREGOING, WE ACCEPT NO RESPONSIBILITY FOR ANY TECHNICAL FAILURE OF THE INTERNET AND/OR THE APPLICATION; OR ANY DAMAGE OR INJURY TO USERS OR THEIR EQUIPMENT AS A RESULT OF OR RELATING TO THEIR USE OF THE APPLICATION. YOUR STATUTORY RIGHTS ARE NOT AFFECTED. Create will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with the Application, for any: (i) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (ii) loss of goodwill or reputation; or (iii) special or indirect or consequential loss. IF CREATE IS LIABLE TO YOU DIRECTLY OR INDIRECTLY IN RELATION TO THE APPLICATION, THAT LIABILITY (HOWSOEVER ARISING) SHALL BE LIMITED TO: (A) FIFTY DOLLARS ($50.00); OR (B) THE SUMS PAID BY YOU UPON PURCHASING THE APPLICATION, OR ANY IN-APPLICATION SPEND, INCLUDING SUBSCRIPTIONS, WHICHEVER IS GREATER. Nothing in these Terms shall be construed as excluding or limiting the liability of Create or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by law.

7. SERVICE SUSPENSION:

Create reserves the right to suspend or cease providing any services relating to the Applications published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.

8. ADVERTISERS IN THE APPLICATION:

We take your privacy very seriously. Create will only use your personal information in accordance with the terms of our privacy policy and cookies policy. By using the Application, you acknowledge and agree that you have read and accept the terms of our privacy policy and cookies policy and these Terms.

9. COMPETITIONS:

If you take part in any competition which is run in or through the Application (“Competition“), you agree to be bound by the rules of that competition and any other rules specified by Create from time to time (“Competition Rules“) and by the decisions of Create, which are final in all matters relating to the Competition. Create reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.

10. IN-APPLICATION VOUCHER CODES:

Any in-Application voucher codes issued by Create may only be used in accordance with our Terms and Conditions for in-Application voucher codes.

11. GENERAL:

(i) These Terms (as amended from time to time) constitute the entire agreement between you and Create concerning your use of the Application. (ii) Create reserves the right to update these Terms from time to time. If it does so, the updated version will be effective immediately, and the current Terms are available through a link in the Application to this page. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them and you will be bound by the new policy upon your continued use of the Application. No other variation to these Terms shall be effective unless in writing and signed by an authorized representative on behalf of Create. (iii)These Terms shall be governed by and construed in accordance with the laws of the United States, the State of California, and the City of Los Angeles and you agree to submit to the exclusive jurisdiction of the City and County of Los Angeles and/or the Southern District of California. (iv) If any provision(s) of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties (as reflected in the provision(s)) and all other provisions shall remain in full force and effect. (v) Create’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Create in writing. (vi) Unless otherwise expressly stated, nothing in the Terms shall create any rights or any other benefits in favor of any person other than you, Create and its group of companies.

12. CONTACT US:

You can contact Create at splits@createmusicgroup.com. or at 1320 N. Wilton Pl, Los Angeles, CA 90028.

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