Terms of Use

Last Updated: September 1, 2016
www.SpringGlobal.com (the “Site”) is owned by Spring Mobile Solutions USA, Inc. (“Spring”). Your use of the Site, as well as any information distributed in conjunction with the Site, is offered by Spring subject to your acceptance of these Terms of Use, the Privacy Policy and other notices posted on the Site. Your use of the Site indicates your acknowledgment and agreement to these Terms of Use, the Privacy Policy and other notices, guidelines and policies (the “Spring Policies”) posted on the Site. BY ACCESSING THE SITE, YOU DESIRE TO USE THE SITE AND, AS SUCH, YOU HEREBY AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE TERMS OF USE, THE PRIVACY POLICY AND ALL SPRING POLICIES THAT ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to be bound by, and to comply with, all of the foregoing, you may not access or use the Site.

Spring reserves the right to change any of the terms and conditions contained in these Terms of Use and the Spring Policies at any time and in its sole discretion. YOUR CONTINUED USE OF THE SITE FOLLOWING ANY SUCH CHANGE MADE BY SPRING WILL CONSTITUTE YOUR ACCEPTANCE OF THE CHANGE. IF YOU DO NOT AGREE TO ANY SUCH CHANGE, YOU MUST DISCONTINUE USE OF AND ACCESS TO THE SITE.

1. Ownership 

The Site, as well as all materials posted to the Site by Spring including, but not limited to, information, data, photographs, graphics, messages, audio, images, software, text, video clips and other materials (the “Spring Content”), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You may not use the Spring Content except as specified herein, and you agree to follow all instructions on the Site limiting the way you may use the Spring Content as well as all non-Spring Content. There are a number of proprietary logos, service marks, and trademarks found on the Site. By making them available on the Site, Spring is not granting you any license to use those proprietary logos, service marks, or trademarks. Any unauthorized use of the Spring Content including, without limitation, all Spring Content, may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

2. Your Rights and Obligations 

You will not (a) violate any laws, third party rights or Spring Policies; (b) use the Site to distribute viruses or any other technologies that may harm the Site, Spring, or the interests or property of Spring or other users of the Site; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on or with the Site; (d) bypass measures used by Spring to prevent or restrict access to the Site; (e) post any content to the Site that infringes any third party intellectual property rights (including copyright, trademark, patent, and trade secrets) or other proprietary rights (including rights of publicity or privacy); or (f) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (including, without limitation, the Spring Content) from the Site without Spring’s prior express written permission.



3. Chat Rooms; License to Your Content 

You acknowledge and agree that all information, data, software, sound, photographs, graphics, text, video, messages and other materials (the “Site Content”) found on the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Site Content originated, and you agree that you are solely responsible for your actions and the Site Content that you email, post, publish, upload or otherwise transmit (“Transmit”) via the Site (such Site Content that you provide hereinafter referred to as the “Participant Content”). You acknowledge and agree that your Transmission of Participant Content to and/or via the Site is entirely voluntary, non-confidential (transmission by you of Participant Content does not establish a confidential relationship or obligate Spring to treat your Participant Content, or any other materials, as confidential), gratuitous, and non-committal and, as such, you represent and warrant that all Participant Content that you Transmit via the Site is correct and current. Moreover, you hereby acknowledge and agree that you are entirely responsible for all Participant Content that you Transmit via the Site, and that Spring may, but is not obligated to, monitor or review any areas on the Site where users of the Site Transmit or post content or communicate with each other, including but not limited to chat rooms, bulletin boards or other user forums. Spring reserves the right, in its sole discretion, to refuse or delete any Participant Content that is posted to or available via the Site, and to remove any Participant Content for any reason or for no reason whatsoever, and Spring has no liability related to the Participant Content, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. By submitting Participant Content to Spring for inclusion in the Site (or any portion thereof), you grant Spring a worldwide, royalty free, non-exclusive, perpetual, irrevocable and fully sub-licensable right and license to use, adapt, distribute, display, perform, edit, modify, improve, correct, translate, reproduce, copy and publish such Participant Content, and to create derivate works thereof and to use or incorporate all or any part of the Participant Content in any of Spring’s products and/or services (whether or not associated with the Site). If you are not the owner of the Participant Content submitted, you hereby represent, warrant and covenant that you have all necessary rights to disclose such Participant Content, that you are not violating the rights of any third party, and that the owner of such Participant Content agrees to the granting of the aforementioned rights to Spring.

4. Third Party Sites

The Site may contain links to third party Internet sites on the World Wide Web (each a “Third Party Site”). Spring provides such links for your convenience only, and is not responsible for the content of any Third Party Site linked to or from the Site. The existence of any links from the Site to any Third Party Site does not mean that Spring approves of, endorses, or recommends such Third Party Site(s). Spring disclaims all warranties, express or implied, as to the accuracy, legality, reliability, or validity of any content on any Third Party Site.

5. Spring Reservation of Rights

Spring reserves the right to determine the Site Content, appearance, design, functionality and all other aspects of the Site (as well as the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and any element, aspect, portion or feature thereof, from time to time). Spring reserves the right to report any activity that Spring suspects may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect Spring’s systems and customers, or to ensure the integrity and operation of Spring’s business and systems, Spring may access and disclose any information it considers necessary or appropriate including, but not limited to, your contact details, IP addressing and traffic information, usage history, and posted content. Spring reserves the right, but is not obligated, to monitor any activity and content associated with the Site and investigate as Spring deems appropriate.

6. Privacy

Read the Privacy Policy governing the Site. The terms of the Privacy Policy are incorporated into these Terms of Use by this reference, and may be changed by Spring at any time and from time to time in the future. You should check the Privacy Policy frequently for changes. Spring and its affiliates may communicate with you in connection with the Site, electronically and in other media, and you consent to such communications regardless of any “Communication Preferences” (or similar preferences or requests) you may have indicated on the Site or by any other means.

7. No Warranties 

THE SITE IS PROVIDED ON AN “AS IS” BASIS, AND SPRING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION: (a) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (b) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; AND (c) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SPRING. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPRING DISCLAIMS ANY AND ALL SUCH WARRANTIES. SPRING DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS ACCESSING AND USING THE SITE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE BY OTHER USERS.

8. Limitation of Liability

YOU USE THE SITE AT YOUR OWN RISK. SPRING WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE, THE CONTENT, THE INABILITY TO USE THE SITE, OR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITE. REGARDLESS OF THE PREVIOUS TWO SENTENCES, IF SPRING IS FOUND TO BE LIABLE, SPRING’S LIABILITY TO YOU OR TO ANY THIRD PARTY WILL NOT, UNDER ANY CIRCUMSTANCE, EXCEED US$250.

9. Applicable Law

These Terms of Use shall be governed in all respects by the laws of the Commonwealth of Virginia as they apply to agreements entered into and to be performed entirely within the Commonwealth of Virginia between residents of the Commonwealth of Virginia, without regard to conflict of law provisions. You agree that any claim or dispute that you may have against Spring must be resolved exclusively by a state or federal courts located in the Commonwealth of Virginia. You agree to submit to the personal jurisdiction of the courts located within the Commonwealth of Virginia for the purpose of litigating all such claims or disputes.

10. General Provisions

Entire Agreement; Headings: These Terms of Use, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy, constitutes the entire agreement between you and Spring with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings between you and Spring in connection with the subject matter hereof. Headings used in the sections or subsections of these Terms of Use are not intended to be a substantive part of these Terms of Use, and shall not be used to construe or interpret the provisions hereof.


No Agency; No Third-Party Beneficiaries: Spring is not your agent, fiduciary, trustee, or other form of representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or shall be construed to give to any person other than you and Spring any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of you and Spring. No third party beneficiaries are intended to be created by these Terms of Use.


Severability: If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.


No Waiver: Neither you nor Spring will be considered to have waived any rights or remedies described in these Terms of Use unless the waiver is in writing and signed by the party against which the waiver is being enforced. No delay or omission by you or Spring in exercising any rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Spring’s failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Spring’s right to subsequently enforce such provision or any other provisions of these Terms of Use.


Further Questions If you have any questions or comments about our Legal Notice, please contact us at privacy@springglobal.com.