Terms of Service

These Terms of Service govern your use of the applications located at https://app.splurge.art and any related services and applications provided by Splurge Technologies, Inc., including but not limited to the mobile Splurge application.

By accessing https://splurge.art and/or the Splurge application, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you should not use nor access this application or use any other services provided by Splurge Technologies, Inc.

By using our applications, you agree that we can show you ads that we think will be relevant to you and your interests. We use your personal data to help determine which ads to show you. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you, such as your name, email address, or other contact information, with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content.

Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data.

We, Splurge Technologies, Inc., reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication, and you will be bound by them if you continue to use our applications. We hope that you will continue to use our applications, but if you do not agree to our updated terms and no longer want to be a part of the Splurge community, you can delete your account at any time.

These Terms of Service were last updated on 25 April 2022.

Your Commitments

You commit that you will:

1. Use the same name that you use in everyday life;
2. Create only one account per person or entity, which must represent a real person (you) or entity (your company);
3. Provide accurate information about yourself;
4. Create only one account (your own) and use your timeline for personal purposes;
5. Not share your password, give access to your Splurge account to others, or transfer your account to anyone else (without permission);
6. Not exploit any system defects, bugs, or glitches;
7. Immediately report any application or systems-related issues to Splurge Technologies, Inc.

We try to make Splurge available for everyone, but you cannot use Splurge if:

1. You are under 13 years old, or the minimum legal age in your country to use our applications;
2. You are a convicted sex offender;
3. We’ve previously disabled your account for violations of our terms or policies;
4. You are prohibited from receiving our products, services, or software under applicable laws.

Limitations of Use

By using this application, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

1. Modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this application;
2. Upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our application or products;
3. Remove any copyright or other proprietary notations from any materials and software on this application;
4. Transfer the materials to another person or “mirror” the materials on any other server;
5. Knowingly or negligently use this application or any of its associated services in a way that abuses or disrupts our networks or any other service Splurge Technologies, Inc. provides;
6. Use this application or its associated services to transmit, espouse, convey, project, advocate, uphold, approve, defend, or publish any harassing, racist, sexist, homophobic, indecent, obscene, fraudulent, misleading, discriminatory, or unlawful material;
7. Use this application or its associated services in violation of any applicable laws or regulations or that infringes or violates someone else’s rights, including their intellectual property rights;
8. Use this application in conjunction with sending unauthorized advertising or spam;
9. Harvest, collect, or gather user data without the user’s consent or access or collect data using automated means (without our prior permission) or attempt to access data you do not have permission to access;
10. Use this application in any manner related to scamming people or conducting illegal activities, such as money laundering;

Violate this Terms of Service, our community standards, and other terms and policies that apply to your use of our applications, products, or services; or Use this application or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this application are owned by or licensed to Splurge Technologies, Inc. and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Splurge Technologies, Inc. at any time.

You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

User-Generated Content

You retain your intellectual property ownership rights over content you submit to us for publication on our applications. We will never claim ownership of your content, but we do require a license from you in order to use it.

When you use our applications or its associated services to post, upload, share, or otherwise transmit content covered by intellectual property rights, you grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or otherwise create derivative works of your content in a manner that is consistent with your privacy preferences and our Privacy Policy.

The license you grant us can be terminated at any time by deleting your content. However, to the extent that we (or our partners) have used your content in connection with commercial or sponsored content, the license will continue until the relevant commercial or post has been discontinued by us.

When you delete content, it should no longer be visible to other users; however, it may continue to exist elsewhere on our systems where:

1. Immediate deletion is not possible due to technical limitations, in which case, your content will be deleted as soon as the technical limitations are resolved;
2. Your content has been used by others in accordance with this license and they have not deleted it, in which case, this license will continue to apply until that content is deleted; or
3. Where immediate deletion would restrict our ability to:
1. Investigate or identify illegal activity or violations of our terms and policies, such as misuse of our application or systems;
2. Comply with a legal obligation, such as the preservation of evidence; or
3. Comply with a request of a judicial or administrative authority, law enforcement, or a government agency;

In which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-to-case basis).

In each of the above cases, this license will continue until the content has been fully deleted.

You give us permission to use your name and profile picture and information about actions you have taken on Splurge next to or in connection with advertisements, offers, and other sponsored content that we display across our application, without any compensation to you. For example, we may show your friends that you are interested in an advertised event, have participated in a bounty, or have bought a Swan or Swanling. Advertisements like these can be seen only by people who have your permission to see the actions you’ve taken on Splurge applications.

We can remove or restrict access to content that is in violation of these Terms of Service, Community Standards, or our other policies. If we remove content that you have shared in violation of our Terms of Service, Community Standards, or our other policies, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our applications, services, systems or products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

To help support our community, we encourage you to report content or conduct that you believe violates your rights, including intellectual property rights, or our terms and policies.

We can also remove or restrict access to your content, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Splurge Technologies, Inc.

Liability

Our applications and the materials on our applications are provided on an 'as is' basis and we make no guarantees that they will always be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, Splurge Technologies, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement of intellectual property, or other violation of rights. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).

Our liability shall be limited to the fullest extent permitted by applicable law, and in no event shall Splurge Technologies, Inc., its service providers, or suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this applications or the materials on this applications, even if Splurge Technologies, Inc. or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, “consequential loss” includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity, or otherwise. Under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these terms or our applications, even if we have been advised of the possibility of such damages.

Accuracy of Materials

The materials appearing on our applications are not comprehensive and are for general information purposes only. Splurge Technologies, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this applications, or otherwise relating to such materials or on any resources linked to this applications.

Links

Splurge Technologies, Inc. has not reviewed all of the sites linked to its applications and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Splurge Technologies, Inc. of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Splurge Coins

Splurge coins (“SPCs”) do not have any direct or inherent monetary value. They are not legal tender and can only be used inside the Splurge platform. Splurge Technologies, Inc. reserves the right to offer rewards that can be claimed using SPC to eligible users.

Swans and Swanlings

Swans and swanlings or other virtual assets inside the Splurge application do not have any direct or inherent monetary value. Ownership of a swan or swanling does not relate to real life ownership of the individual and/or his/her content, but only to the virtual ownership of the virtual content in Splurge, which may result in benefits solely within the application and in accordance with game mechanics. You understand that if an account or an individual’s access to an account is banned, disabled, suspended, terminated, deleted, or otherwise removed (“third party account”), the same may negatively affect your virtual ownership of the third party account, if any, including a reduction of your porfolio, and that no SPCs will be returned to your account in any such event.

Breach

We may immediately suspend or terminate your right to use our application, ban or disable your account, prevent you from accessing or using our application, and/or forfeit all of your account’s contents, including, but not limited to, SPCs, swans, and swanlings for any breach of these Terms of Service, our Community Standards, or our other policies, or if you repeatedly infringe other people’s intellectual property rights, or where we are required to do so for legal reasons.

Where we take such action, we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our applications, services, systems; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Non-Waiver

If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.

Assignment

You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.

These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Username

We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life). We will inform you in advance if we have to do this and explain why.

Feedback and Suggestions

Should you provide feedback and suggestions on our application, services, and systems, which we appreciate, we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.

Mechanics

We can change game mechanics at any time, such as the purchase and/or sale of swans and swanlings inside the application, in-game commission earned from the sale and/or purchase of swans and/or swanlings inside the application, assigned value of swans or swanlings, or any other mechanics related to swans, swanlings, and SPCs. Any such changes will take effect immediately. You agree to be bound by such changes if you continue to use our application.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Philippines. You irrevocably submit to the exclusive jurisdiction of the courts in Pasig City.

We reserve all rights not expressly granted to you.