Last modified on December 1, 2020

1. Acceptance of Terms

Spline.design (the “Site”) is owned and operated by Spline, Inc., a Delaware corporation (the “Company”), and the Company welcomes you to its online service (the “Service”). By using this Site or Service, you are agreeing to the following Terms of Service (“TOS”), whether or not you are a registered customer of the Company. The TOS may be updated from time to time without notice to you. However, you can always find the latest TOS at spline.design/terms and should check regularly for updates and changes.

In addition, when using the Service, you shall be subject to any posted policies, guidelines or rules applicable thereto. All such policies, guidelines and rules are hereby incorporated by reference into the TOS. You further agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to these TOS.

IF YOU DO NOT AGREE TO THE CURRENT TOS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE MOST CURRENT TOS FOR ITS USE.

2. Description of Service

The Company provides a web and app-based Service in the form of a platform, which is made available to users, on which said users may create both 2D and 3D images, animations, videos, and interactive web content through the use of a variety of tools provided through the platform, in order to edit/alter images or videos they have uploaded from their own collection, or by editing/altering images or videos they have selected from the various libraries made available to them through the platform.  Additionally, users may be afforded the ability to export such images and animations from the platform and share the same with other users or outside third-parties via email, social media, or through other information/data-sharing platforms as may be permitted by the Company from time to time. The platform also contains a collection of various types of content made available through the Service, which may be provided to users in the form of audio, video, graphics, images, and/or various text features.  This Content (as defined by Section 4 below) made available to users through the Site and Service is in no way considered to be any form of licensing compliance advice, nor regulatory advice, and is provided strictly for entertainment and informational purposes.  In the event that any user feels that they may require the services of an attorney or other licensing compliance or regulatory professional/specialist, they are hereby advised to immediately seek those services from such professionals, as this Site and the Services provided thereon are in no way intended to be a substitute or replacement of the services such appropriate professionals.

THE SERVICE IS PROVIDED “AS IS” AND THE COMPANY ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS OF THE SERVICE, ERRORS IN CONTENT OR THE ACCURACY OF ANY CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICE OR SITE OR CONTAINED THEREON, PERIODS OF INACTIVITY OR THE INABILITY TO USE THE SERVICES OR PORTIONS THEREOF, OR A FAILURE TO STORE ANY PARTICULAR IMAGES, ANIMATIONS, CONTENT, INFORMATION, COMMUNICATIONS, OR WRITING.  ADDITIONALLY, COMPANY PROVIDES ANY AND ALL INFORMATION OR CONTENT MADE AVAILABLE THROUGH THE SITE OR SERVICE, WITHOUT WARRANTY OF ANY KIND AND AS SUCH, THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, OR RELIABILITY OF SUCH CONTENT OR INFORMATION.

Unless explicitly stated otherwise, any newly added features which may augment or enhance the Service, including without limitation the release of new Company properties, are subject to the then current TOS.

All users must abide by the TOS. If a user fails to follow any of the guidelines and/or rules of behavior, the Company can discontinue said user’s ability to use the Site or Service at any time, and for any reason. In addition, Company has the right, but not the obligation, to adjust, edit, or delete any materials, data, links, posts, or comments which Company may find objectionable, inappropriate, or to have been posted in error, in the Company’s sole discretion.

You may only use the Site and Service for purposes expressly permitted by this TOS. As a condition of your use of the Site or Service, you represent and warrant to the Company that you will not use the Site and any Service for any purpose that is unlawful, offensive, and/or prohibited by this TOS.

You alone are solely responsible for any activity that takes place on the Site or through the Service under your name and password. If you become aware of any unauthorized use of your username and/or password it is your responsibility to notify the Company immediately. It is up to you to maintain the confidentiality of your password and username at all times.

You understand that you may receive business-related communications from Company such as Service announcements and account administrative notices, and you agree that these communications are not “unsolicited commercial email advertisements” and thus, subject to all applicable laws, you agree to receive such communications.  You may unsubscribe from the receipt of such email communications at any time by sending an email requesting such un-subscription and/or cancellation to an email address that shall be designated specifically for receipt of such requests, however, the fulfillment of this request may affect the functionality of the Service and its ability to perform as intended. Additionally, even in the event that you unsubscribe from the marketing emails, if you are registered with an account or have requested that the Company contact you about certain services, you authorize the Company to send you important notices about such services and any pending transactions relating to these services, to any email address you have provided to Company throughout the registration process, or at any other time thereafter. It is your sole responsibility to ensure that the email address on file remains up to date to be sure that important emails sent to you are not blocked or re-routed to spam folders.

As a user of the Service you also understand and agree that the Service may also include advertisements or links thereto. You agree that such advertisements are not “unsolicited commercial email advertisements” and, subject to all applicable laws, you agree to receive such communications. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser, and therefore subject to the advertiser’s terms of service and privacy policy. You agree that the Company shall not be responsible nor liable for any loss or damages incurred or sustained as the result of such dealings or as the result of the presence of such advertisers on the Service.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE ANY PORTIONS OF THE SERVICE.  IF YOU ARE ABOVE THE AGE OF 13, BUT BELOW THE LEGAL AGE MAJORITY, THIS SERVICE MAY ONLY BE USED WITH THE CONSENT AND SUPERVISION OF A PARENT OR LEGAL GUARDIAN.  IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE AS IT IS NOT INTENDED FOR USE BY CHILDREN.

3. Rules of Behavior

• You shall not abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
• You shall not violate the privacy or publicity rights of others.
• You shall not take any action which may subject other users or the public to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically hateful, objectionable, or unlawful (or promote or provide instructional information about illegal activities or communications that could reasonably cause damage, loss, harm, or injury to any individual or group).
• You shall not take any action which may subject other users or the public to (a) anything that promotes or distributes pyramid schemes or chain letters, or (b) other disruptive, illegal or immoral communications of any kind.