Welcome to splitShops.com. splitShops Inc. ("splitShops") provides website features and other products and services to you when you visit or shop at splitShops.com, use splitShops products or services, use splitShops applications for mobile (collectively, "splitShops Services"). By using the splitShops Services, you agree, on behalf of yourself and all members of your household and others who use any Service under your account, to the following conditions.
Please read these conditions carefully.
Please review our Privacy Notice, which also governs your use of splitShops Services, to understand our practices.
When you use splitShops Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other splitShops Services and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any splitShops Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of splitShops or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any splitShops Service is the exclusive property of splitShops and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any splitShops Service are trademarks or trade dress of splitShops in the U.S. and other countries. splitShops’ trademarks and trade dress may not be used in connection with any product or service that is not splitShops’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits splitShops. All other trademarks not owned by splitShops that appear in any splitShops Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by splitShops.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, splitShops or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the splitShops Services. This license does not include any resale or commercial use of any splitShops Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any splitShops Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by splitShops or its licensors, suppliers, publishers, rightsholders, or other content providers. No splitShops Service, nor any part of any splitShops Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of splitShops. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of splitShops without express written consent. You may not use any meta tags or any other "hidden text" utilizing splitShops’ name or trademarks without the express written consent of splitShops. You may not misuse the splitShops Services. You may use the splitShops Services only as permitted by law. The licenses granted by splitShops terminate if you do not comply with these Conditions of Use or any Service Terms.
You may need your own splitShops account to use certain splitShops Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Visit Your Account to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. splitShops does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the splitShops Services only with involvement of a parent or guardian. splitShops reserves the right to refuse service, terminate accounts, terminate your rights to use splitShops Services, remove or edit content, or cancel orders in its sole discretion and without notice.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You may post reviews, comments, photos, videos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. splitShops reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant splitShops a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant splitShops and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify splitShops for all claims resulting from content you supply. splitShops has the right but not the obligation to monitor and edit or remove any activity or content. splitShops takes no responsibility and assumes no liability for any content posted by you or any third party.
INTELLECTUAL PROPERTY COMPLAINTS
splitShops respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All purchases of physical items from splitShops are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
splitShops does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, splitShops does not take title to the refunded item. For more information about our returns and refunds please click here.
splitShops attempts to be as accurate as possible. However, splitShops does not warrant that product descriptions or other content of any splitShops Service is accurate, complete, reliable, current, or error-free. If a product offered by splitShops itself is not as described, your sole remedy is to return it in unused condition.
"Price" means the retail price of a product. We regularly check Prices against prices recently found on splitShops and other retailers. Certain products may have a "Compared Price" displayed, which is determined using recent price history of the product on splitShops.
With respect to items sold by splitShops, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by splitShops is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally charge your credit card when your order is placed.
When you use apps created by splitShops, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
SANCTIONS AND EXPORT POLICY
You may not use any splitShops Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using splitShops Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE splitShops SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE splitShops SERVICES ARE PROVIDED BY splitShops ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. splitShops MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE splitShops SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE splitShops SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE splitShops SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, splitShops DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. splitShops DOES NOT WARRANT THAT THE splitShops SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE splitShops SERVICES, splitShops’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM splitShops ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, splitShops WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY splitShops SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY splitShops SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Any dispute or claim relating in any way to your use of any splitShops Service will be adjudicated in binding individual arbitration in Los Angeles, California, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial. Each of us may bring claims against the other on on an individual basis, not a class, representative, or collective basis. Disputes between us cannot be arbitrated or consolidated with those of any other person or entity. If a court (after exhaustion of all appeals) decides that any part of this paragraph is unenforceable as to a particular claim or request for relief (e.g., public injunctive relief), then solely that particular claim or request for relief shall be severed from the arbitration and may be litigated in court (but only after the arbitrator issues an award on the arbitrable claims and remedies). To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). Payment of all filing, case-management, administrative, hearing, and arbitrator fees will be governed by the AAA’s rules and fee schedules.
By using any splitShops Service, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and splitShops. If there are claims that aren’t subject to arbitration, we each agree to litigate those claims exclusively in state or federal court in Los Angeles County, California, and to submit to the personal jurisdiction of those courts.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of splitShops Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
ADDITIONAL splitShops SOFTWARE TERMS
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with splitShops Services (the "splitShops Software").
Use of the splitShops Software. You may use splitShops Software solely for purposes of enabling you to use the splitShops Services as provided by splitShops, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the splitShops Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the splitShops Software in whole or in part. All software used in any splitShops Service is the property of splitShops or its software suppliers and is protected by United States and international copyright laws.
No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the splitShops Software, whether in whole or in part.
Updates. We may offer automatic or manual updates to the splitShops Software at any time and without notice to you.
Conflicts. In the event of any conflict between these Conditions of Use and any other splitShops or third-party terms applicable to any portion of splitShops Software, such as open-source license terms, such other terms will control as to that portion of the splitShops Software and to the extent of the conflict.
HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS
splitShops accepts service of subpoenas or other legal process only by mail to the following address:
16944 Ventura Blvd, Office
Encino CA 91316
Attn: Legal Department – Legal Process
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for splitShops devices; and IP address and complete time stamps.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.
We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:
16944 Ventura Blvd, Office
Encino CA 91316
Attn: Legal Department - Copyright Agent
Written claims concerning copyright infringement must include the following information:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.