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Legal Notice & Privacy Statement



Welcome to the Sploofus Terms of Use Agreement. This is a legal contract between you and Sploofus Holdings LLC (Sploofus). Please read the entire agreement carefully before accessing or using the Sploofus website, affiliate sites, or any information, products, software, services or other features. Sploofus will provide its services to you only upon your acceptance of this Agreement. By accessing and browsing the site, you accept, without qualification or limitation, the following terms and conditions and acknowledge that any other agreements that may exist between you and Sploofus with respect to the following terms and conditions are superseded and of no force and effect. 

ACCEPTANCE OF TERMS. 

This Web Site (the Sploofus Web Site) is owned by Sploofus. The services that Sploofus provides to you are provided subject to the following Terms of Use ("TOU"), and by accessing and using the Sploofus Web Site (http://www.sploofus.com), you agree to them. Sploofus reserves the right to amend and update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Privacy/Legal" hypertext link located at the bottom of our Web pages. EACH TIME THAT YOU ACCESS OR USE THE SPLOOFUS.COM WEBSITE, YOU RE-AFFIRM YOUR CONSENT TO THE THEN-EXISTING TERMS OF USE. 

NO SPAM POLICY.

Sploofus adheres to an extremely strict NO SPAM policy. At no time will Sploofus share, sell, or otherwise make available, your e-mail address or personally identifiable information. Your e-mail address will only be used to send you the Sploofus Trivia Question of the Day. We do not, nor will we ever, share your e-mail address with any organizations, partners, affiliates or subsidiaries. 

ELIGIBILITY REQUIREMENTS. 

By subscribing to Sploofus, and subsequently visiting the Sploofus web site, you consent to the following conditions. Sploofus may, at its discretion, terminate your account if it feels you have at any time violated the following eligibility requirements: 

  1. No purchase Necessary. Void where prohibited. You must be at least 13 years of age to play Sploofus. 
  2. Sploofus content is not guaranteed for accuracy or completeness. 
  3. You may not create more than one Sploofus account for yourself, or any other person. 
  4. You agree not to attempt to reverse engineer, breech security measures of or otherwise access Sploofus for reasons other than standard game play. 
  5. Sploofus content (text and images) are copyrighted under U.S. and Int'l law, you therefore agree not to electronically copy or redistribute any content gained from Sploofus. 
  6. You may not use any data mining, information gathering or other automated mechanisms while connected to the Sploofus web site. 
  7. You agree that Sploofus may, for any reason and without notice, terminate your account at any time. 
  8. You may not use Sploofus in any way to promote a web site, product or service.
  9. You may not share any content or answers found within Sploofus games (i.e. WordPuzzles) with other users to achieve an unfair advantage. 
  10. You agree and hereby affirm that you are not an employee, representative, or family member of an employee or representative of, any trivia, gaming, or social networking organization. 
  11. You agree to and understand that Sploofus uses IP address logging as well as certain 3rd parties to verify your compliance to these terms, and may terminate your account without notice for any reason at its sole discretion. 

 

SERVICES. 

Sploofus does not guaranty continuous, uninterrupted or secure access to Sploofus services, and operation of the Sploofus Web Site may be interfered with by numerous factors both inside and outside of Sploofus' control, and some interruption of services may occur. Sploofus provides you with access to a variety of resources, including trivia gaming, subscription services, and images and information posted by Sploofus or Subscribers, and product information, and in the future, Sploofus may provide communication forums such as a bulletin board or chat room or other services (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties or Services, are subject to the TOU. Some of the Services are available for use without Sploofus by the general public, and other of the Services are limited to use by Subscribers. 

USE LIMITATION. 

Unless otherwise specified, the Services are for your personal use, and may not be used for commercial purposes except as provided in the TOU. You may not reproduce, alter, modify, copy, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, images, software, products or services obtained from the Services. You may direct others to the Sploofus Web Site to view information or images. 

Sploofus is made available solely for use by Subscribers according to these terms of use. Any reproduction or redistribution of Sploofus properties not in accordance with these terms of use is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators of Sploofus' copyright will be prosecuted to the fullest extent of the law. Any use of the Sploofus web site not in accordance with the TOU, shall subject the Subscriber to termination of the Subscription Agreement and the License Agreement, and may subject the Subscriber to loss of use of the Sploofus Web Site. Any use of the Sploofus Web Site in violation of the TOU by any person may subject such person to loss of use of the Sploofus Web Site. 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER MEDIA, OR COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE. 

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SPLOOFUS HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, AND INCLUDING ALL WARRANTIES AND CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, AND INCLUDING ALL WARRANTIES OF TITLE, AND INCLUDING ALL WARRANTIES OF NON-INFRINGEMENT. 

SPLOOFUS MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SUCH TOOLS AND UTILITIES ARE PROVIDED FOR YOUR CONVENIENCE ONLY, AND SPLOOFUS DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT FROM USE OF SUCH TOOLS AND UTILITIES. YOU ARE RESPONSIBLE FOR ANY FAILURE BY YOU TO RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE THROUGH THE SERVICES OR IN SPLOOFUS SOFTWARE PRODUCTS. 

NOTICE ON USE OF DOCUMENTS AVAILABLE ON THIS WEB SITE. 

Permission to use Documents (such as readme text files, help files, press releases, e-mails to Subscribers and FAQs, information and images posted by Subscribers, but excluding design or layout of the Sploofus Web site or any other Sploofus owned, operated, licensed or controlled Web site) from the Services is granted, provided that (1) the copyright notice and the Sploofus Web Site URL appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any Web site, network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 

Permission to use Documents specified above does not include the design or layout of the Sploofus Web site or any other Sploofus owned, operated, licensed or controlled Web site. Elements of the Sploofus Web Site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Sploofus Web Site may be copied or retransmitted unless expressly permitted by Sploofus. 

SPLOOFUS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, OR IN IMAGES OR INFORMATION POSTED BY SUBSCRIBERS, OR RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS, IMAGES, INFORMATION, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPLOOFUS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SPLOOFUS AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCURACY OF INFORMATION AVAILABLE FROM THE SERVICES. YOU ARE RESPONSIBLE FOR INDEPENDENTLY VERIFYING ALL INFORMATION AVAILABLE FROM THE SERVICES, AND YOU AGREE TO USE THE INFORMATION AVAILABLE FROM THE SERVICES AT YOUR OWN RISK. 

THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPLOOFUS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME. SPLOOFUS DOES NOT HOLD ITSELF OUT AS A ''CENSOR'' OR ''MONITOR'' AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE SPLOOFUS WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE ESTABLISHED ON THE SPLOOFUS WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. SPLOOFUS DISCLAIMS ALL RESPONSIBILITY FOR ANY MATERIAL UPLOADED TO OR POSTED ON THE SPLOOFUS WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD, AND YOU ARE RESPONSIBLE FOR INDEPENDENT VERIFICATION OF THE ACCURACY OF SUCH MATERIAL. 

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. 

IN NO EVENT SHALL SPLOOFUS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, SPLOOFUS SOFTWARE, OR ANY DOCUMENTS OR MATERIALS POSTED TO THIS WEB SITE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES. 

RIGHT TO CHANGE THE SITE. 

Sploofus may discontinue, edit, delete or change any aspect of the Web Site, including, but not limited to: (i) restricting availability times, (ii) restricting compatibility with certain computer software or hardware, (iii) restricting amounts of use permitted, (iv) removing or changing content, features, or material available on the Web Site, and (v) restricting, suspending or terminating any user's right to use the Web Site, at Sploofus' sole discretion, and without prior notice or liability. 

SUBSCRIBER ACCOUNT SECURITY RESPONSIBILITIES. 

If any of the Services requires you to Subscribe, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form, and by so doing you open an account with Sploofus. In opening an account, you also will choose or be assigned a password and a user name. You are solely and exclusively responsible for maintaining the confidentiality of your password and user name, and you are solely and exclusively responsible for any and all activities that occur under your account or through access gained by use of your password and user name. You agree to notify Sploofus immediately of any unauthorized use of your account or any other breach of security. Sploofus will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Sploofus or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder. 

UNLAWFUL OR PROHIBITED USE. 

You agree that you will not use the Services for any purpose that is unlawful or prohibited by the TOU, and you agree that it shall be a condition of your use of the Services that you comply with the TOU. You may not use the Services in any manner that could damage, disable, overburden, impair or deny Services to any Sploofus server, or the network(s) connected to any Sploofus server, or interfere with any other user's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, Personal Information of any other user, computer systems or networks connected to any Sploofus server or to any of the Services, through hacking, cracking, password mining or any other means. You may not obtain or attempt to obtain any materials, images, or information through any means not intentionally made available through the Services. 

USE OF SERVICES AND COMMUNICATION SERVICES. 

The Services may contain e-mail services, bulletin board services, chat areas, and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Services and the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Services or the Communication Services, you will not submit, upload, send or post: 

  • Software or executable programs of any kind; 
     
  • Material protected by intellectual property laws (or by rights of privacy or publicity), including, by way of example, and not as limitation, copyright, patent, or trademark laws unless you own or control the rights thereto or have received all necessary consent to do the same by such other parties; 
     
  • Material or statements which contain vulgar, obscene, or indecent statements or graphical images; 
     
  • Defamatory or abusive statements; 
     
  • Statements which threaten the person or property of others; 
     
  • Advertising or other forms of solicitation, including but not limited to offers to buy or sell, surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise); 
     
  • Statements which are insulting, bigoted, hateful, racially offensive, disrespectful of any ethnic group, any religion or religious group, disrespectful of any nationality, nation, or region of origin, disrespectful of any gender or sexual orientation, or which endorse or advocate illegal or immoral activity; 
     
  • Statements or material which harasses, stalks, threatens or otherwise violates the legal rights (such as rights of privacy and publicity) of others;
     
  • Statements about any other subscriber or the employees of any subscriber; 
     
  • Statements about Sploofus or any employee of Sploofus; 
     
  • Material or statements which are inaccurate, misleading, or fraudulent. and that you will not: 
     
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; 
     
  • Upload files that contain viruses, Trojan horses, worms, bots, time bombs, cancelbots, corrupted files, or any other similar software, programs, or files that may damage the operation of another's computer or property of another, or hinder the use of Sploofus Services. 
     
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner. 
     
  • Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded. 
     
  • Restrict or inhibit any other user from using and enjoying the Communication Services. 
     
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service. 
     
  • Harvest or otherwise collect information about others, including e-mail addresses; 
     
  • Violate any applicable laws or regulations; 
     
  • Create a false identity for the purpose of misleading others; 
     
  • Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof. 

 

Sploofus has no obligation to monitor the Services or the Communication Services. However, Sploofus reserves the right to review materials uploaded to the Sploofus database or posted to the Communication Services and to remove any materials in its sole discretion. Sploofus reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. 

Always use caution when giving out any personally identifiable information about yourself or your family members in use of any Communication Services. Sploofus does not control or endorse the content, messages or information found in any Services or Communication Services and, therefore, Sploofus specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Services or Communication Services, and you agree that you waive any claims against Sploofus relating to same, and to the extent such waiver may be ineffective, you agree to release any claims against Sploofus relating to same. Users of Services and Communications Services, including any moderators, are not authorized Sploofus representatives or agents, and their opinions or statements do not necessarily reflect those of Sploofus, and they are not authorized to bind Sploofus to any contract. 

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

INFORMATIONAL CONTENT DISCLAIMER - MATERIALS PROVIDED TO SPLOOFUS OR POSTED AT ANY SPLOOFUS WEB SITE. 

Sploofus does not claim ownership of the materials you or any Subscriber may provide to Sploofus (including feedback and suggestions), or post, upload, input or submit to any Services or its associated services for review by the general public, or by the Subscribers, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting Sploofus, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Sploofus Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. 

No compensation will be paid with respect to the use of your Submission, as provided herein. Sploofus is under no obligation to post or use any Submission you may provide and Sploofus may remove any Submission at any time in its sole discretion. 

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. 

In addition to the warranty and representation set forth above, by Posting a Submission you warrant and represent that (a) you are the copyright owner of Posted content, or that the copyright owner of such content has granted you permission to use such content and/or images contained in such submission consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use and the Services, (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that any person depicted in such submissions, if any, has provided consent to the use of their likeness as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such content. By Posting Images, you are granting (a) to all Subscribers (for each such Images available to Subscribers), and/or (b) to the general public (for each such Images available anywhere on the Services, other than Web pages or Services restricted to Subscribers), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images or Posted content. 

SPLOOFUS DOES NOT HOLD ITSELF OUT AS A ''CENSOR'' OR ''MONITOR'' AND DOES NOT MONITOR THE CONTENT OF INFORMATION, DATA, OR IMAGES UPLOADED BY SUBSCRIBERS OR WHICH MAY BE POSTED TO THE SPLOOFUS WEB SITE OR DATABASE (INCLUDING ANY CHAT ROOMS OR BULLETIN BOARDS WHICH MAY IN THE FUTURE BE ESTABLISHED ON THE SPLOOFUS WEB SITE) BY SUBSCRIBERS OR THE GENERAL PUBLIC. SPLOOFUS DISCLAIMS ALL RESPONSIBILITY FOR ANY MATERIAL UPLOADED TO OR POSTED ON THE SPLOOFUS WEB SITE OR DISCUSSED OR POSTED ON SUCH CHAT ROOM OR BULLETIN BOARD. 

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. 

Sploofus processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Sploofus will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Sploofus will terminate access for any Members who are repeat infringers. Notices of claimed infringement should be directed to:

Registered Copyright Agent
Sploofus Holdings LLC
P.O. Box 4157
Ann Arbor, Michigan 48103

If Sploofus removes or disables access to any of the materials that are claimed to be infringing, Sploofus may attempt to contact the owner of such materials in order to give such owner an opportunity to respond to the notification, although Sploofus makes no promise to do so. Any and all counter notifications submitted by such owner will be furnished to the complaining party. Sploofus will give the complaining party an opportunity to seek judicial relief in accordance with the DMCA before Sploofus replaces or restores access to any material as a result of any counter notification.

Sploofus will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to Sploofus must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

  1. A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed;
  2. Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
  3. Information related to the work(s) reasonably sufficient for Sploofus to promptly locate the work (e.g. title of work, location within the Website, etc.);
  4. Information reasonably sufficient to permit Sploofus to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
  5. A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement requesting that Sploofus take a specific act with respect to the alleged infringement (e.g., removal, access restriction or disablement); and
    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HYPERLINK DISCLAIMER - LINKS TO THIRD PARTY SITES. 

THE LINKS TO THIRD PARTY SITES WILL RESULT IN DEPARTURE FROM SPLOOFUS' SITE. THE SITES TO WHICH THE LINKS LEAD ARE NOT UNDER THE CONTROL OF SPLOOFUS AND SPLOOFUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR OF ANY SITE LINKED BY A LINK CONTAINED IN A LINKED SITE, OR FOR ANY CHANGES OR UPDATES TO SUCH SITES, OR REDIRECTION OF SUCH LINKS. SPLOOFUS IS NOT RESPONSIBLE FOR STREAMING OR WEB CASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SPLOOFUS IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SPLOOFUS OF THE SITE TO WHICH THE LINK LEADS, OR OF ITS CONTENT. 

UNSOLICITED IDEA SUBMISSION POLICY. 

SPLOOFUS AND ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. DO NOT SEND ANY ORIGINAL SOFTWARE CODE, IMAGES, IDEAS, BUSINESS PLANS, PERFORMA'S, OR OTHER WORKS. THIS POLICY IS INTENDED TO AVOID MISUNDERSTANDINGS OR DISPUTES IF SPLOOFUS' PRODUCTS OR MARKETING STRATEGIES APPEAR SIMILAR TO IDEAS SUBMITTED TO SPLOOFUS, THEREFORE DO NOT SEND YOUR UNSOLICITED IDEAS TO SPLOOFUS OR ANYONE AT SPLOOFUS. IF, NOTWITHSTANDING THIS POLICY, YOU SEND YOUR IDEAS OR MATERIALS, PLEASE UNDERSTAND THAT SPLOOFUS MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY. 

WEB SITE COPYRIGHT NOTICE. 

Copyright © 2005 Sploofus.com - All rights reserved. 

U.S. & Int'l PATENTS PENDING 

TRADEMARKS AND SOFTWARE COPYRIGHTS: SPLOOFUS, SPLOOFUS TRIVIA SYSTEMS, SHOWDOWN CHALLENGE, WAGER TOKENS, and the graphic logos associated with each are trademarks of Sploofus. Any rights not expressly granted herein are reserved. 

NO AGENCY. 

You and Sploofus are not engaged in any agency, partnership, joint venture, employee-employer, franchisee-franchiser or other type of relationship and no such relationship(s) are intended or created by this TOU, and no such relationship(s) may be created by any use of the Services by you, or by response by you to any information or statement of Sploofus which may appear on the Sploofus Website, or by response by Sploofus to any material posted by you on the Sploofus Website, or by any failure of Sploofus to respond to any material posted by you on the Sploofus Website or any other communications from you, and such relationship(s) may be created only by a written agreement signed by an authorized officer of Sploofus. 

PRIVACY POLICY 

Registration 

In order to use this Web site, a user must first complete the registration form. During registration a user gives contact information (such as name and email address). We use this information to contact the user about services on our site for which he has expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers (such as, username and password), but encouraged so we can provide a more personalized experience on our site. 

Information Use 

Aggregate data is used for internal reporting statistics as well as performance data displayed on the Sploofus.com web site. 

Profile 

We store information that we collect through cookies, log files, clear gifs, and/or third parties to create a profile of our users. A profile is stored information that we keep on individual users that details their viewing preferences. Consequently, collected information is tied to the users personally identifiable information to provide offers and improve the content of the site for the user. We do not share your profile with other third parties. Your profile is shared in aggregate form only. 

Cookies 

A cookie is a piece of data stored on the user's computer tied to information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. We use both session ID cookies and persistent cookies. For the session ID cookie, once users close the browser, the cookie simply terminates. A persistent cookie is a small text file stored on the user's hard drive for an extended period of time. Persistent cookies can be removed by following Internet browser help file directions. By setting a cookie on our site, users would not have to log in a password more than once, thereby saving time while on our site. If users reject the cookie, they may still use our site. The only drawback to this is that the user will be limited in some areas of our site. For example, the user will not be able to participate in any of our sweepstakes, contests or monthly drawings that take place. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our site. See the "Profile" section. Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies, once we have given permission for them to set cookies for advertising. 

Third Party Advertising 

The ads appearing on this Web site are delivered to users by Google, our Web advertising partner. Information about users' visit to this site, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users on this site. This privacy statement covers the use of cookies by Sploofus.com only and does not cover the use of cookies by any advertisers. 

Log Files 

Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. 

Clear Gifs (Web Beacons/Web Bugs) 

We employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs), that help us better manage content on our site by informing us what content is effective. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. The main difference between the two is that clear gifs are invisible on the page and are much smaller, about the size of the period at the end of this sentence. Clear Gifs can "work with" existing cookies on a computer if they are both from the same Web site or advertising company. That means, for example, that if a person visited "www.companyX.com", which uses an advertising company's clear gif, the Web site would match the clear gif's identifier and the advertising company's cookie ID number, to show the past online behavior for that computer. This collected information would then be given to the advertising company. 

Special Offers and Updates 

We may send Subscribers e-mails offering news updates, trivia questions, showdown results, and other game-specific information. We do not share Subscriber e-mail information with any 3rd party. 

Service Announcements 

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. 

Customer Service 

We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes. 

Legal Disclaimer 

Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. 

Aggregate Information (non-personally identifiable) 

We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information. 

Third Party Advertisers 

Sploofus shares Web site usage information about users with certain partners for the purpose of targeting our Internet banner advertisements on this site and other sites. For example, Sploofus uses cookies and clear GIFs on this site, which allow them to recognize a user's cookie when a user visits this site. The information they collect and share through this technology is not personally identifiable. 

Business Transitions 

In the event Sploofus goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users' personal information will, in most instances, be part of the assets transferred. 

Choice/Opt-out 

Our users are given the opportunity to ‘opt-out' of having their information used for purposes not directly related to our site at the point where we ask for information. Users of our site are always notified when their information is being collected by any outside parties. We do this so our users can make an informed choice as to whether or not they should proceed with services that require an outside party. 

Links 

This Web site contains links to other sites. Please be aware that Sploofus is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site. 

Surveys & Contests 

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners. Anonymous survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users' personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes. 

Tell-A-Friend 

If a user elects to use our referral service for informing a friend about our site, we ask them for the friend's name and email address. Sploofus will automatically send the friend a one-time email inviting them to visit the site. Sploofus stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact Sploofus to request the removal of this information from our database. 

 



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