FastSpring® Terms of Use

Last updated: May 11, 2017

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 THE FASTSPRING’S TERMS OF USE, AS WELL AS THE FOLLOWING NOTICES AND POLICIES.

Table of Contents

This Terms of Use policy applies to each ecommerce solution, which may be but is not limited to a website, portion of a website or a software application (each, an “Ecommerce Engine”) operated by Bright Market, LLC d/b/a FastSpring, a U.S. limited liability company with offices at 801 Garden St. #201, Santa Barbara, CA 93101, United States of America, by Bright Market LLC dba FastSpring Limited, a U.K. private limited company with offices at 2 Minton Place, Victoria Road, Bicester, England, OX26 6QB, or by other FastSpring subsidiaries.

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 the copyright owner(s) or a person authorized to act on his/her behalf.
  • Identification of the copyrighted work claimed to have been infringed.
  • Identification of the material that is alleged to be infringing.
  • The contact information of the person filing the Notice.
  • A statement from the person filing the Notice that they have a good faith belief that the material is infringing.
  • A statement explaining that a) the provided information in the Notice is accurate, b) under penalty of perjury, the person filing the Notice is the copyright owner or that he/she is authorized to act on behalf of the copyright owner.

The above information must be submitted as a written notification 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 US law is prohibited. This includes, but is not limited to: copyrighted material, 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 US law is prohibited. This includes, but is not limited to: copyrighted material, 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 US law is prohibited. This includes, but is not limited to: copyrighted material, 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 its products. 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 US law is prohibited. This includes, but is not limited to: copyrighted material, 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 contentpornography 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.

Personal Data Policy

Bright Market, LLC d/b/a FastSpring will disclose Personal Data to Third Parties who reasonably need to know such data only for the scope of the initial transaction and not for other purposes outside of the scope of consent provided by the Data Subject. The use of such Personal Data by Third Parties for any other purposes is prohibited. Third Parties are required to use such Personal Data only for the purposes for which they have been authorized by Bright Market, LLC d/b/a FastSpring and they must either:

  • comply with the Privacy Shield principles or another mechanism permitted by the applicable EU & Swiss data protection law(s) for transfers and processing of Personal Data;
  • or agree to provide adequate protections for the Personal Data that are no less protective than those set out in Bright Market, LLC d/b/a FastSpring’s current Privacy Policy;

Under this Terms of Use Policy, Third Parties warrant and undertake that:

  1. They will have in place appropriate technical and organizational measures to protect Personal Data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
  2. They will have in place procedures so that any third party they authorize to have access to the Personal Data will respect and maintain the confidentiality and security of such Personal Data. Any person acting under the authority of the Third Party, including a data processor, shall be obligated to process the Personal Data only on instructions from the Third Party. This provision does not apply to persons authorized or required by law or regulation to have access to the Personal Data.
  3. They have no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and an applicable Third Party will inform Bright Market, LLC d/b/a FastSpring (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
  4. They will process the Personal Data only for the scope of the consent provided by the Data Subject, and has the legal authority to give the warranties and fulfil the undertakings set out in these clauses.
  5. They will identify to Bright Market, LLC d/b/a FastSpring a contact point within their organization authorized to respond to enquiries concerning processing of the Personal Data, and will cooperate in good faith with Bright Market, LLC d/b/a FastSpring, the Data Subject and the authority concerning all such enquiries within a reasonable time.
  6. Upon reasonable request of Bright Market, LLC d/b/a FastSpring, they will submit their data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by Bright Market, LLC d/b/a FastSpring (or any independent or impartial inspection agents or auditors, selected by Bright Market, LLC d/b/a FastSpring and not reasonably objected to by the applicable Third Party) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours.
  7. They will process the Personal Data, at their option, in accordance with:
    • the data protection laws of the country in which Bright Market, LLC d/b/a FastSpring is established, or
    • the relevant provisions of any European Commission decision pursuant to Article 25(6) of Directive 95/46/EC, where the Third Party complies with the relevant provisions of such an authorization or decision and is based in a country to which such an authorization or decision pertains, but is not covered by such authorization or decision for the purposes of the transfer(s) of the Personal Data.
  8. It will not disclose or transfer the Personal Data to a third party data controller located outside the European Economic Area (EEA) unless it notifies Bright Market, LLC d/b/a FastSpring about the transfer and:
    • the third party data controller processes the Personal Data in accordance with a European Commission decision finding that a third country provides adequate protection, or
    • the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or
    • Data Subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or
    • with regard to onward transfers of sensitive data, Data Subjects have given their unambiguous consent to the onward transfer

Third Parties must immediately notify Bright Market, LLC d/b/a FastSpring if they determine that they can no longer meet the obligations above. If such a determination is made, the applicable Third Party must immediately cease processing the Personal Data made available to it or take other reasonable and appropriate steps to remediate such unauthorized processing.

“Personal Data”, as defined under the European Union Directive 95/46/EC, means data that personally identifies or may be used to personally identify a person, including an individual’s name in combination with country of birth, marital status, emergency contact, salary information, terms of employment, job qualifications (such as educational degrees earned), address, phone number, e-mail address, user ID, password, and identification numbers. Personal Data does not include data that is de-identified, anonymous, or publicly available. For Switzerland, the term “person” includes both a natural person and a legal entity, regardless of the form of the legal entity.

“Third Party” means any individual or entity that is neither Bright Market, LLC d/b/a FastSpring nor a Bright Market, LLC d/b/a FastSpring employee, agent, contractor, or representative.

“Data Subject” means an identified or identifiable natural living person. An identifiable person is one who can be identified, directly or indirectly, by reference to a name, or to one or more factors unique to his or her personal physical, psychological, mental, economic, cultural or social characteristics. For purchasers residing in Switzerland, a Data Subject also may include a legal entity.

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

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