FastSpring® Terms of Use

Last updated:  July 13, 2015

BY USING THIS WEBSITE OR ANY FASTSPRING OPERATED ECOMMERCE SOLUTION OR SUBMITTING PERSONAL INFORMATION TO FASTSPRING THROUGH THIS WEBSITE OR ECOMMERCE SOLUTION, YOU ARE CONSENTING TO FASTSPRING’S TERMS OF USE, AS WELL WAS THE FOLLOWING NOTICES AND POLICIES:

Table of Contents

DMCA Notice

Bright Market, LLC d/b/a FastSpring and its affiliated companies respect the intellectual property of others and expect the users of our services to do the same.

Procedure for Making Copyright Infringement Claims:  If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this site or through this service, you may notify our copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

  • A physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • Identification in sufficient detail of the copyrighted work claimed to have been infringed.
  • Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Bright Market, LLC d/b/a FastSpring or one of its affiliated companies to locate the material.
  • Information reasonably sufficient to permit Bright Market, LLC d/b/a FastSpring to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address.
  • A statement that you as the complaining party have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you as the complaining party are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The above information must be submitted as a written notification (by regular mail – not by email, except by prior written agreement) that sets forth the elements listed above, to the following Designated Agent:

Service Provider(s): Bright Market, LLC d/b/a FastSpring, www.fastspring.com, www.brightmarket.com, www.fastspringsoftware.com
Name of Agent Designated to Receive Notification of Claimed Infringement: CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC – LAWYERS INCORPORATING SERVICE, (C1592199)
Address of Designated Agent: 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833
Email Address of Designated Agent: dmca@fastspring.com

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

NOTE: This information is provided exclusively for notifying the service providers referenced above that your copyrighted material(s) might have been infringed. All other inquiries, including technical requests, reports of email abuse and third-party reports of piracy, will not receive a response through this process.

Anti-Piracy Policy

All Bright Market, LLC d/b/a FastSpring services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or applicable U.S. law is prohibited. This includes, but is not limited to copyrighted material and material we judge to be inappropriate, threatening, obscene, or of adult content. It also applies to material protected by trade secret and other statute. For the purposes of this section, FastSpring focuses on anti-piracy.

Piracy of any software or products is prohibited on all FastSpring sites. This includes sites that sell the product directly or link to piracy sites/products elsewhere.

What is Piracy?

    1. The illegal copying and distribution of copyrighted or patented material.
    2. The use of a product beyond the terms of its license.
    3. Any attempt to reproduce the product illegally and make the packaging look like the original, but is counterfeit.
    4. Any site whose revenue is gained all or in part from its piracy products.
    5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

Bright Market, LLC d/b/a FastSpring reserves the right to decide what it considers “piracy.”
 Bright Market, LLC d/b/a FastSpring reserves the right to review or revise this policy at any time without notice.

Illicit and Inappropriate Products or Content Policy

All Bright Market, LLC d/b/a FastSpring services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or applicable U.S. law is prohibited. This includes, but is not limited to copyrighted material and material we judge to be inappropriate, threatening, obscene, or unlawful. It also applies to material protected by trade secret and other statute. For the purposes of this section, FastSpring focuses on illicit and inappropriate content.

The sale of illicit and inappropriate products is prohibited on all FastSpring sites. This includes sites that may sell illicit and inappropriate products directly or link to illicit and inappropriate products elsewhere. This also includes money laundering, as it is unlawful and prohibited by Bright Market, LLC d/b/a FastSpring. Any site that directly or indirectly uses any product (legitimate or not) or links to any product (legitimate or not) for the purpose of laundering money is strictly prohibited.

Because the Internet is a global communication tool, it is difficult to dictate what is considered “inappropriate content.” It is not our function to discriminate against those who choose to use inappropriate content or products. Nonetheless, Bright Market, LLC d/b/a FastSpring has chosen to enforce its “no illicit and inappropriate sites/products” policy.

What is Illicit or Inappropriate Content/products?

    1. Any product that is illegal or unlawful (including but not limited to money laundering).
    2. Any product that may be considered inappropriate (including but not limited to alcohol, drugs, tobacco, firearms and explosives).
    3. Products or content promoting hate/violence against a particular individual, group or class of people.
    4. 3rd Party Processing.
    5. Any site whose revenue is gained all or in part from its illicit and inappropriate products.
    6. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-5.

Bright Market, LLC d/b/a FastSpring reserves the right to decide what it considers “inappropriate content” or “inappropriate products”.

Bright Market, LLC d/b/a FastSpring reserves the right to review or revise this policy at any time without notice.

Gambling Policy

All Bright Market, LLC d/b/a FastSpring services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or applicable U.S. law is prohibited. This includes, but is not limited to copyrighted material and material we judge to be inappropriate, threatening, obscene, or unlawful. It also applies to material protected by trade secret and other statute. For the purposes of this document, FastSpring focuses on gambling.

Gambling and gambling sites, where money is exchanged, are prohibited. Online video games that involve gambling, i.e., blackjack, poker, etc., are allowed provided there is no money or exchange of money involved and provided they do not violate any of FastSpring’s other policies (including, but not limited to, adult content, illicit content or Privacy.)

Because the Internet is a global communication tool, it is difficult to dictate what is considered “gambling.” It is not our function to discriminate against those who choose to use gambling or related products and services. However, Bright Market, LLC d/b/a FastSpring has chosen to enforce its “no gambling” policy.

What is Gambling?

    1. Any product/site where money is exchanged or used for gambling.
    2. Any product/site that promotes online casinos/betting.
    3. Any product/site that promotes sports bets.
    4. Any product/site that promotes the lottery.
    5. Any site whose revenue is gained all or in part from its gambling or gambling products.
    6. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-5.

Bright Market, LLC d/b/a FastSpring reserves the right to decide what it considers “gambling”.

Bright Market, LLC d/b/a FastSpring reserves the right to review or revise this policy at any time without notice.

Adult Content Policy

All Bright Market, LLC d/b/a FastSpring services may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or applicable U.S. law is prohibited. This includes, but is not limited to copyrighted material and material we judge to be inappropriate, threatening, obscene, or of adult content. It also applies to material protected by trade secret and other statute. For the purposes of this document, FastSpring focuses on adult content.

Adult content, pornography and sex-related merchandising are prohibited on all FastSpring sites. This includes sites that may infer sexual content or link to adult content elsewhere.

Because the Internet is a global communication tool, it is difficult to dictate what is considered “adult content.” It is not our function to discriminate against those who choose to use adult content or adult related material. However, Bright Market, LLC d/b/a FastSpring has chosen to enforce its “no adult sites/products” policy.

What is Adult Content?

    1. Sexually explicit pictures, writing, or other material/products whose primary purpose is to cause sexual arousal.
    2. Sexually explicit pictures, writing or any material/products that involves children (anyone under the age of 18) is strictly prohibited.
    3. Photos, videos or animated depiction showing nudity in women or men for non-scientific or non-artistic purposes.
    4. Any site whose revenue is gained all or in part from its adult content or products.
    5. Revenue-generating hyperlinks to sites that violate any part of descriptions 1-4.

Bright Market, LLC d/b/a FastSpring reserves the right to decide what it considers “adult content”, “adult material”, “sexually explicit”, or “sexually related”.

Bright Market, LLC d/b/a FastSpring reserves the right to review or revise this policy at any time without notice.