Use of Web Site Information
You may download, view, copy and print documents and graphics incorporated in these documents (the “Documents”) from the Site subject to the following: (a) the Documents may be used solely for personal, informational, non-commercial purposes; and (b) the Documents may not be modified or altered in any way. Except where your use constitutes “fair use” under copyright law, you may not otherwise use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit or distribute any information from this Web site in whole or in part without the express authorization of Splash QX Cloud.
Use of Software
Any use of software and accompanying documentation you download from the Site is subject to the terms of a software license agreement between you and Splash QX Cloud. You must read the license agreement and indicate your agreement to its terms prior to installing or using the software. All rights, title and interest not expressly granted are reserved.
Third Party Web Sites, Content, Products and Services
The Site provides links to Web sites and access to content, products and services from third parties, including users, advertisers, affiliates and sponsors of the Site. You agree that Splash QX Cloud is not responsible for the availability of, and content provided on, third party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that Splash QX Cloud is not responsible for third party content accessible through the Site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that Splash QX Cloud is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Splash QX Cloud is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPLASH QX CLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPLASH QX CLOUD MAKES NO WARRANTY THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK. SPLASH QX CLOUD SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE. SPLASH QX CLOUD RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO THE SITE AT ANY TIME WITHOUT NOTICE.
Limitation of Liability
IN NO EVENT SHALL SPLASH QX CLOUD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless Splash QX Cloud, its officers directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
Export Restrictions/Legal Compliance
You may not access, download, use or export the Site, or the content, software, products or services provided on the Site in violation of U.S. export laws or regulations, or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the services and products of Splash QX Cloud in violation of any such restrictions, laws or regulations, or without all necessary approvals, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction. As applicable, you shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to your own use of the services of Splash QX Cloud outside the U.S. Neither the services of Splash QX Cloud nor the underlying information or technology may be downloaded or otherwise provided or made available, either directly or indirectly, (i) into Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country subject to U.S. trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department’s Table of Denial Orders. By agreeing to these Terms and Conditions of Use, you agree to the foregoing and represents and warrants that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All matters relating to your access to, and use of, the Site shall be governed by U.S. federal law or the laws of the State of Ohio. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court in Cuyahoga County, Ohio. You and Splash QX Cloud agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
Splash QX Cloud is a registered trademarks of DataLogicom, Inc.. Other names appearing on the Site may be trademarks of their respective owners.
The privacy of Splash QX Cloud’s customers and affiliates is important to us. Therefore:
We will use the personal information you submit in our online job application to fill the specific position you apply for. After this position is filled, we will retain the information submitted for the time required by applicable law or in accordance with our standard practice, whichever is longer.
We will not release information submitted in online job applications to third parties except to appropriate governmental entities and/or our service providers as necessary in connection with recruiting, employment, corporate governance, acquisitions, and legal or regulatory requirements. Splash QX Cloud requires that its service providers keep your personal information confidential as well. In addition, to prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate procedures to safeguard the information we collect online.
Business Information Collection and Use By Splash QX Cloud
Splash QX Cloud collects the Business Information necessary to enable us to respond to your requests for our products and services and to send you information regarding our products and services from time to time. Since most of the users of our products and Sites are doing so in their capacity as employees or companies, most Business Information we collect will be in that capacity (rather than information about you individually, such as your personal tastes, etc.). For these purposes, we have defined “Business Information” as any information that identifies or may identify a company or an individual contact at a company or that allows others to contact a company or an individual contact at a company. When you visit the Sites, you may be asked to submit information such as email address, company name, address, phone number, your product version, and/or areas of interest. We may also ask you where you heard about our company or products, or for other information that will help us understand more about your needs or help us process your requests for information. In addition, we collect credit card and related payment information when you order products, services, or support plans online. Our information collection and use practices are described in more detail below:
Although the majority of the online advertisements on the Sites are displayed by Splash QX Cloud, we also from time to time allow third-party vendors, such as Google, to display advertisements on the Sites. These third-party vendors may assign a different cookie to you. These cookies may be used to select which ads you see on the Sites and determine the effectiveness of this advertising. You may choose to decline cookies from third-party ad servers, which Splash QX Cloud does not control. If you would like to opt out from receiving these third-party targeted advertisements, you can read the instructions.
Disclosure of Your Business Information
Splash QX Cloud may be required to release Business Information: 1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, or court order; 2) to enforce or apply the terms of any of our service or license agreements; or 3) in special cases, such as protecting the rights, property, or safety of Splash QX Cloud, our customers, or others. We may also provide Business Information to government agencies and to our vendors, suppliers, authorized resellers, and other business, development, and industry partners (“Partners”) to enable them to: 1) provide us with products and services to better operate and maintain the Sites; 2) provide you with a product or service requested by you; or 3) enable them to market products or services to you. Splash QX Cloud also may provide information about you that does not allow you to be identified to, or contacted by, (“Aggregate Information”) third parties. For example, we might inform third parties regarding the number of users of the Sites and the activities they conduct while on the Sites. Depending on the circumstances, we may or may not charge for this Aggregate Information. We may also use this Aggregate Information as part of products or services that we provide to third parties and to improve our products, services, and the Sites.
How Splash QX Cloud Protects Your Privacy Internally
Splash QX Cloud wants your Business Information to remain as secure as reasonably possible. We combine industry-standard technical safeguards with a code of conduct for those employees who are permitted to access our customers’ Business Information. When you purchase a product or service online, Splash QX Cloud uses SSL encryption to encrypt your credit card information before it is sent to us in order to ensure the integrity and privacy of the credit card information that you provide to us via the Internet.
Many of our web-based services are hosted on servers that are co-located at a third-party facility with whom we have a contract providing for security measures. For example, hosted Services Data is submitted via SSL encryption and stored on a server equipped with industry standard firewalls.
Despite these security measures, Splash QX Cloud does not represent or warrant that Business Information will be protected against loss, misuse, attacks, or alteration by third parties. Customers are responsible for maintaining the security and confidentiality of their usernames and passwords.
Your Privacy Choices
Occasionally, a Splash QX Cloud business unit may send you communications to provide you with information or promotions relating to products and services that may be of interest to you, including notification of important product issues and updates. You may opt out of receiving these communications as indicated below. However, please note that any election not to receive future communications applies only to promotional Splash QX Cloud of the particular Splash QX Cloud business unit and you may receive promotional Splash QX Cloud from other Splash QX Cloud business units until you make an opt out request with that business unit as indicated below. Additionally, we may still send you relationship or transactional Splash QX Cloud in order to notify you of important product issues and updates, such as tax and other compliance-related matters, for the renewal of existing subscription services, to resolve specific questions or requests made by you via phone, fax, email, or the Web and in response to any activity completed on any of the Sites, including but not limited to, registration, ordering, downloads, and requests for information.
Correcting or Updating Your Business Information and Contacting Splash QX Cloud
You can always update the Business Information that you have provided to us and/or change your preferences with respect to marketing contacts from Splash QX Cloud by contacting the Splash QX Cloud business unit to which you provided your preferences. Please note that it may take up to 4 weeks to be removed from the Splash QX Cloud business unit’s mail lists and 10 days to be removed from email and phone lists.
Consent to Transfer
Last revised: December 1, 2019