Terms of Service

How it works
The University of West Florida (“UWF”) Splash-O-Mizer application (available at www.uwf.edu/splash) allows you to create a customized version of the UWF Splash symbol to let the world know you’re a UWF Splash Maker. The Splash-O-Mizer allows you to customize a symbol using a pre-defined set of curated patterns and colors. By using the UWF Splash-O-Mizer, you agree to these terms and conditions (“terms”).

 

Eligibility
You won’t be able to save a symbol until you sign into the site or create an account. Once you create a custom Splash symbol, you may choose to purchase branded merchandise with this symbol from the merchandise store, download the symbol, and post it to popular social media websites.

 

Age restrictions
You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.

 

How you can use a Splash symbol
UWF grants you a personal, non-transferrable, worldwide, royalty-free, non-exclusive, fully revocable, limited license to use the content within the Splash-O-Mizer and under the terms and conditions set forth in these Terms of Service for the sole purpose of creating a symbol on the Splash website. We also grant you a personal, non-transferrable, royalty-free, worldwide, non-exclusive, fully revocable, and limited license to use the symbol you create only on social media, together with the “University of West Florida” word mark, and only to indicate your association with the University of West Florida. Other than as provided herein nothing in this license provides you with any right or permission to use any University of West Florida trademarked logos in a symbol you create using the Splash-O-Mizer application. No other licenses or rights are granted to you by implication or otherwise. We may revoke your license to customize or use a symbol at any time, for any reason or no reason. If you choose to share a symbol through social media, you authorize UWF to exhibit the symbol at our sole discretion on any media at any time and you
waive any right to inspect or approve UWF’s use of the symbol.

 

Under the license granted by these terms, you cannot:

 

  • Add images, icons, pictures, or any other element to a symbol other than by using the customization options that are available within the Splash-O-Mizer.
  • Modify your symbol or the content in any way other than what is allowed by using the customization tool on the Splash-O-Mizer.
  • Commercialize a symbol or the content (such as by creating, importing, selling, or reselling merchandise containing a symbol you create using the Splash-O-Mizer application or the content).
  • Claim any rights over a symbol, the UWF Splash mark, or any other UWF mark, or any of the content of the Splash-O-Mizer application (such as by registering for a trademark or filing for copyright protection).
  • Claim to be an agent or representative of UWF, or otherwise misrepresent your association with UWF.
  • Use a symbol or the content (whether customized or not) in association with any materials that are false, misleading, offensive, defamatory, obscene, vulgar, pornographic, harassing, illegal, or that violate the rights of any third party (including, without limitation, the privacy rights, rights of publicity or intellectual property rights ofa third party).

 

By using the Splash-O-Mizer application, you agree that you will not attempt to copy, alter, modify, or manipulate in any way (using any software, tools, or technology now known or developed in the future) any symbol (whether created by you or someone else) or any content other than as allowed by the UWF Splash-O-Mizer site and in accordance with these terms.
 If you use the Splash-O-Mizer in a way that we think may be inappropriate, unlawful or illegal, or otherwise violate these terms, we may revoke your limited license to use the logo, suspend your use of the Splash-O-Mizer, and suspend your account, at our discretion.

 

Flagging inappropriate materials
You may report inappropriate symbols or other materials posted by other users on the Splash-O-Mizer through the Report a Problem feature. For example, if the way in which a symbol is used is inappropriate, illegal, or inconsistent with these terms, you may report it as inappropriate.
 If a symbol or other materials you create are reported as inappropriate by other users, we may remove them from the Splash-O-Mizer or Splash site and terminate your license immediately without notice to you.

 

Removal of a symbol from social media
If a symbol you create using the Splash-O-Mizer application is reported as inappropriate or we otherwise decide, in our sole discretion, that it is being used inappropriately, you agree to, upon our request, immediately remove the symbol from any and all social media sites and anywhere else it appears.

 

Ownership of the University of West Florida Splash mark
By using the Splash-O-Mizer, you agree:
 (1) that UWF owns and retains all ownership and intellectual proprietary rights to its Splash Mark, the content, any and all derivative works of its logo and content (which includes any symbols you create), and all creative assets on the Splash-O-Mizer website, and may use its logo, the content, and all such derivative works and assets (including symbols you create) freely;
 (2) that no intellectual property rights are transferred to you and that your creation of
a symbol does not give you any ownership or other intellectual proprietary rights to the UWFSplash mark, any other UWF mark(s) or the symbol you create;
 (3) to give up any claim of ownership in a symbol you create
using the Splash-O-Mizer application;
 (4) to assign to UWF any and all intellectual property or other rights in and to a symbol you create using the Splash-O-Mizer application, and waive any intellectual property rights you
may have in a symbol you create using the Splash-O-Mizer application, and to never assert against UWF or any third party any intellectual property rights in or to a symbol you create using the Splash-O-Mizer application.

 

Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO WARRANTIES ARE AVAILABLE FOR THE SPLASH-O-MIZER, THE SPLASH MARK, OR THE CONTENT AVAILABLE WITHIN THE UNIVERSITY OF WEST FLORIDA SPLASH SITE. THE SPLASH-O- MIZER IS PROVIDED “AS IS.” THE UNIVERSITY OF WEST FLORIDA DISCLAIMS ALL LIABILITY AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

 

Limitation of Liability
IN NO EVENT WILL THE UNIVERSITY OF WEST FLORIDA BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES TO EQUIPMENT OR SOFTWARE, FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT, OR OTHER PROCEEDING ARISING OUT OF YOUR USE OF THE SPLASH-O-MIZER, THE UNIVERSITY OF WEST FLORIDA SPLASH MARK (WHETHER CUSTOMIZED OR NOT),OR ANY MERCHANDISE YOU PURCHASE THROUGH THE SPLASH-O-MIZER, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE CONTENT, A SYMBOL OR LOGO, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF THE UNIVERSITY OF WEST FLORIDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE. THE UNIVERSITY OF WEST FLORIDA WILL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR LOSSES ARISING AS A RESULT OF MODIFICATIONS MADE TO THE CONTENT BY YOU OR THE CONTEXT IN WHICH THE CONTENT IS USED BY YOU.
 THE TOTAL MAXIMUM AGGREGATE LIABILITY OF UNIVERSITY OF WEST FLORIDA ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SPLASH-O-MIZER, INCLUDING, BUT NOT LIMITED TO, SHARING A SYMBOL, WILL BE LIMITED TO AN AGGREGATE OF ONE HUNDRED U.S. DOLLARS ($100 USD).

 

Severability
If any provision in these terms is held to be invalid, void, or unenforceable, that provision will be stricken and the elimination of that provision will not affect the validity of and enforceability of the remaining provisions.

 

Updates to these terms
We can update these terms at any time without prior notice. If we modify these terms, we will post the modification on the Splash O-Mizer and the modified terms will be effective upon posting. By continuing to access or use the Splash-O-Mizer after we have posted updated terms, you agree to be bound by the updated terms. If the updated terms are not acceptable to you, your only recourse is to stop using the Splash-O-Mizer and to stop using any symbol you have created using the Splash-O-Mizer application.