This is an agreement between WhatsGoodApps LLC, the owners and operators of Spark the app, the Spark software, including the Spark mobile application (collectively, including all content provided through the Spark mobile application and the Spark Site, the “Spark Service”, the “Service”, “we”, “us”, “our”, “We”, “Us”, or “Our”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND THE Spark PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
The Spark Service
A. These Terms of Service apply to all users of the Spark Service. Information provided by our users through the Spark Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, we will not and cannot censor or edit the content of any third-party site or application. By using the Service, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.
B. You acknowledge that use of the Spark Service is for entertainment purposes only.
Your Account
A. To create an account you must be at least 18 years old.
B. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account has been compromised.
C. We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any descriptions, posts or features at our discretion.
D. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.
E. These terms remain in effect even if you no longer have an account.
Influencers
A. An “Influencer” is someone who offers a subscription to users on the Spark Service, enabling subscribers to access content that the Influencer posts on the Spark Service.
B. You understand and agree that by registering with the Spark Service to become an Influencer, no legal partnership or agency relationship is created between you and us.
C. When signing up to be an Influencer, you will be redirected to our payment processor, Stripe, where you will be required to enter information, including banking information. You will also be required to agree to the Stripe Connected Account Agreement. https://stripe.com/connect-account/legal
D. Influencers determine the amount they wish to charge for a subscription to their exclusive content. The minimum subscription amount Influencers may charge is $2.99. All subscriptions are on a monthly basis.
E. A service fee of 20% will be charged on all subscription revenue. This includes the Stripe standard processing fees. Additional Stripe fees may apply for international (outside the U.S.) accounts, transactions or currencies. See https://stripe.com/pricing for Stripe fee details.
F. Influencers may withdraw their funds to their connected account at any time. Additional minimal Stripe fees may apply. See https://stripe.com/connect/pricing. Influencers may also withdraw funds using Stripe’s Instant Payouts feature (only available in certain countries), for an additional fee charged by Stripe. See https://stripe.com/connect/pricing
G. We do not withhold any taxes. You are responsible for reporting and paying any taxes. Stripe will collect your tax identification information and report it to tax authorities as legally required.
H. Influencers retain full ownership of all content that they offer on the Spark Service. By posting content on the Spark Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is strictly limited to allow us to provide the content to your Subscribers, and to promote you and the Spark to potential new Subscribers.
I. We may terminate or suspend you as an Influencer at any time in our sole discretion. You may terminate your participation as an Influencer at any time, for any reason.
Subscribers
A. A “Subscriber” is someone who subscribes to at least one Influencer on the Spark Service. In order to subscribe to an Influencer, you must first create a Spark Service account.
B. When subscribing to an Influencer, our payment processor, Stripe, will collect,process, and store your payment information.
C. All subscriptions are on a monthly basis. Your payment method will be automatically charged by Stripe every month for each Influencer to which you are subscribed. You may cancel any subscription at any time. After you cancel a subscription, you will no longer be charged for that subscription, and you may still access that influencer’s exclusive content until the end of that subscription’s billing cycle.
D. If your payment method fails, you may be blocked from accessing the exclusive content of the Influencers you subscribed to using that payment method.
E. ALL SUBSCRIPTION PAYMENTS ARE FINAL. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND OF ANY SUBSCRIPTION PAYMENTS FOR ANY REASON.
User Data Submissions
A. The Spark Service allows Spark users to submit text, photos, links and other communications submitted by you (collectively, the “Data Submissions”). These Data Submissions may be hosted, shared, and/or published as part of the Spark Service, and may be visible to other users of the Service. As clarified in the following section, you retain your ownership rights in your Data Submissions. You understand that whether or not such Data Submissions are published, we do not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Data Submissions and the consequences of posting or publishing them. Because the Spark Service is only acting as a repository of data, user submitted data do not necessarily represent our views or opinions, and we make no guarantees as to the validity, accuracy or legal status of any user submitted data. In connection with Data Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Data Submissions to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Data Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Data Submissions, but you have to have the rights in the first place. However, by submitting the Data Submissions to the Spark Service, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data Submissions in connection with the Spark Service and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Spark Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Spark Service a non-exclusive license to access your Data Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Data Submission from the Spark Service.
C. In connection with Data Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Spark Service or any third party; (iii) submit material that is unlawful, obscene, contains nudity, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. l
D. We do not endorse any Data Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Data Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights via the Service, and we will remove all content and Data Submissions if properly notified that such content or Data Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Spark user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@Spark.com. We reserve the right to remove content and Data Submissions without prior notice. We may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a Data Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Spark employees, agents, subagents or superagents. We also reserve the right to decide whether content or a Data Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. We may remove such Data Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at our sole discretion.
E. You understand that when using the Spark Service you will be exposed to Data Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Data Submissions, and that such Data Submissions are not the responsibility of the Spark Service. You further understand and acknowledge that you may be exposed to Data Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Spark Service.
F. The Spark Service permits you to link to materials on the Service for personal purposes only. We reserve the right to discontinue any aspect of the Spark Service at any time.
Spark Access
A. Subject to your compliance with these Terms of Service, we hereby grant you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and the Privacy Policy.
B. We reserve the right to discontinue any aspect of the the Spark Service at any time.
C. Unless otherwise specified or as provided in these Terms of Service, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Spark Service.
D. You agree that you will not use nor encourage or permit others to use the Spark Service for any purpose that is unlawful or prohibited by these Terms of Service. Specifically, but without limitation, you may not:
i. Use the Spark Service in any manner that could damage, disable, overburden or impair any servers or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Spark Service or interfere with any other party’s use and enjoyment of the Spark Service;
ii. Attempt to gain unauthorized access to the Spark Service through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Spark Service;
iii. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, privacy and security laws and regulations;
iv. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
v. Create fake profiles or pretend to be or impersonate someone else by using the name, image, brand or works of another;
vi. Post (a) any nude, partially nude or pornographic content, (b) any offensive content, (c) any spam, or any other advertisement or promotion for any product or service, and/or (d) content that infringes others’ intellectual property or other proprietary rights; and/or
vii. Use content posted by Influencers in any way not authorized by the Influencer.
E. Should we determine, in our sole discretion, that you have breached any part of the foregoing subparagraph D, we in our sole discretion may, together with any legal or equitable remedies we may have, without any notice, terminate, disable, suspend or otherwise render inoperable your Spark Service account.
F. If you feel that a particular post violates these Terms of Service, please flag it (tap on the flag icon above the post), and we will address it.
Intellectual Property Rights
A. The design of the Spark Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your entertainment use only. We reserve all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
B. We grant you a license to use the Spark name and logo solely for the purpose of promoting the Spark Service.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE Spark SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ITS CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE Spark SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Spark SERVICE OR ANY HYPERLINKED WEBSITE OR CONTENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
A. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Spark SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE Spark SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. The Service is controlled and offered by us from our facilities in the United States of America. We make no representations that the Spark Service is appropriate or available for use in other locations. Those who access or use the Spark Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
Indemnity
You agree to defend, indemnify and hold us, our officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Spark Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or publicity right; or (iv) any claim that one of your content submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Spark Service.
Ability to Accept Terms of Service
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
General
You agree that: (i) the Spark Service shall be deemed solely based in California; (ii) the Spark Service shall be deemed a passive server that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California; and (iii) you agree to be subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Spark Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by us, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and us concerning the Spark Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to any revised Terms, your only recourse is to discontinue use of the Spark Service. Your continued use of the Spark Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Spark SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Spark Terms of service
Terms of Service
This is an agreement between WhatsGoodApps LLC, the owners and operators of Spark the app, the Spark software, including the Spark mobile application (collectively, including all content provided through the Spark mobile application and the Spark Site, the “Spark Service”, the “Service”, “we”, “us”, “our”, “We”, “Us”, or “Our”), and you (“you” or “You”), a user of the Service. BY USING THE SERVICE, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS OF SERVICE AND THE Spark PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. If you choose to not agree with any of these terms, you may not use the Service.
A. These Terms of Service apply to all users of the Spark Service. Information provided by our users through the Spark Service may contain links to third party websites that are not owned or controlled by us. We have no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or applications. In addition, we will not and cannot censor or edit the content of any third-party site or application. By using the Service, you expressly acknowledge and agree that we shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website or application.
B. You acknowledge that use of the Spark Service is for entertainment purposes only.
A. To create an account you must be at least 18 years old.
B. You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account has been compromised.
C. We can terminate or suspend your account at any time at our discretion. We can also cancel any subscriptions and remove any descriptions, posts or features at our discretion.
D. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.
E. These terms remain in effect even if you no longer have an account.
A. An “Influencer” is someone who offers a subscription to users on the Spark Service, enabling subscribers to access content that the Influencer posts on the Spark Service.
B. You understand and agree that by registering with the Spark Service to become an Influencer, no legal partnership or agency relationship is created between you and us.
C. When signing up to be an Influencer, you will be redirected to our payment processor, Stripe, where you will be required to enter information, including banking information. You will also be required to agree to the Stripe Connected Account Agreement. https://stripe.com/connect-account/legal
D. Influencers determine the amount they wish to charge for a subscription to their exclusive content. The minimum subscription amount Influencers may charge is $2.99. All subscriptions are on a monthly basis.
E. A service fee of 20% will be charged on all subscription revenue. This includes the Stripe standard processing fees. Additional Stripe fees may apply for international (outside the U.S.) accounts, transactions or currencies. See https://stripe.com/pricing for Stripe fee details.
F. Influencers may withdraw their funds to their connected account at any time. Additional minimal Stripe fees may apply. See https://stripe.com/connect/pricing. Influencers may also withdraw funds using Stripe’s Instant Payouts feature (only available in certain countries), for an additional fee charged by Stripe. See https://stripe.com/connect/pricing
G. We do not withhold any taxes. You are responsible for reporting and paying any taxes. Stripe will collect your tax identification information and report it to tax authorities as legally required.
H. Influencers retain full ownership of all content that they offer on the Spark Service. By posting content on the Spark Service, you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your content. The purpose of this license is strictly limited to allow us to provide the content to your Subscribers, and to promote you and the Spark to potential new Subscribers.
I. We may terminate or suspend you as an Influencer at any time in our sole discretion. You may terminate your participation as an Influencer at any time, for any reason.
A. A “Subscriber” is someone who subscribes to at least one Influencer on the Spark Service. In order to subscribe to an Influencer, you must first create a Spark Service account.
B. When subscribing to an Influencer, our payment processor, Stripe, will collect,process, and store your payment information.
C. All subscriptions are on a monthly basis. Your payment method will be automatically charged by Stripe every month for each Influencer to which you are subscribed. You may cancel any subscription at any time. After you cancel a subscription, you will no longer be charged for that subscription, and you may still access that influencer’s exclusive content until the end of that subscription’s billing cycle.
D. If your payment method fails, you may be blocked from accessing the exclusive content of the Influencers you subscribed to using that payment method.
E. ALL SUBSCRIPTION PAYMENTS ARE FINAL. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE A REFUND OF ANY SUBSCRIPTION PAYMENTS FOR ANY REASON.
A. The Spark Service allows Spark users to submit text, photos, links and other communications submitted by you (collectively, the “Data Submissions”). These Data Submissions may be hosted, shared, and/or published as part of the Spark Service, and may be visible to other users of the Service. As clarified in the following section, you retain your ownership rights in your Data Submissions. You understand that whether or not such Data Submissions are published, we do not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own Data Submissions and the consequences of posting or publishing them. Because the Spark Service is only acting as a repository of data, user submitted data do not necessarily represent our views or opinions, and we make no guarantees as to the validity, accuracy or legal status of any user submitted data. In connection with Data Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Data Submissions to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Data Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Data Submissions in the manner contemplated by the Service and these Terms of Service. To be clear: you retain all of your ownership rights in your Data Submissions, but you have to have the rights in the first place. However, by submitting the Data Submissions to the Spark Service, you hereby grant us a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Data Submissions in connection with the Spark Service and our (and our successors’) business, including without limitation for promoting and redistributing part or all of the Spark Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Spark Service a non-exclusive license to access your Data Submissions through the Service. The foregoing license granted by you terminates once you remove or delete a Data Submission from the Spark Service.
C. In connection with Data Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Spark Service or any third party; (iii) submit material that is unlawful, obscene, contains nudity, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (viii) attempt to gain unauthorized access to the Service or its related systems or networks. l
D. We do not endorse any Data Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with Data Submissions. We do not permit copyright infringing activities and infringement of intellectual property rights via the Service, and we will remove all content and Data Submissions if properly notified that such content or Data Submission infringes on another’s intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number of the Spark user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Such takedown notices may be emailed to support@Spark.com. We reserve the right to remove content and Data Submissions without prior notice. We may also terminate a user’s access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a user who has been notified of infringing activity more than once and/or has had a Data Submission removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized Spark employees, agents, subagents or superagents. We also reserve the right to decide whether content or a Data Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. We may remove such Data Submissions and/or terminate a user’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at our sole discretion.
E. You understand that when using the Spark Service you will be exposed to Data Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Data Submissions, and that such Data Submissions are not the responsibility of the Spark Service. You further understand and acknowledge that you may be exposed to Data Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto, and agree to indemnify and hold us, our officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Spark Service.
F. The Spark Service permits you to link to materials on the Service for personal purposes only. We reserve the right to discontinue any aspect of the Spark Service at any time.
A. Subject to your compliance with these Terms of Service, we hereby grant you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iii) you will otherwise comply with the terms and conditions of these Terms of Service and the Privacy Policy.
B. We reserve the right to discontinue any aspect of the the Spark Service at any time.
C. Unless otherwise specified or as provided in these Terms of Service, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, software, products or services obtained from the Spark Service.
D. You agree that you will not use nor encourage or permit others to use the Spark Service for any purpose that is unlawful or prohibited by these Terms of Service. Specifically, but without limitation, you may not:
i. Use the Spark Service in any manner that could damage, disable, overburden or impair any servers or network(s) connections, disobey any requirements, procedures, policies or regulations of networks connected to the Spark Service or interfere with any other party’s use and enjoyment of the Spark Service;
ii. Attempt to gain unauthorized access to the Spark Service through hacking, password mining or any other means or obtain or attempt to obtain any materials or information through any means not intentionally made available through the Spark Service;
iii. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, privacy and security laws and regulations;
iv. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
v. Create fake profiles or pretend to be or impersonate someone else by using the name, image, brand or works of another;
vi. Post (a) any nude, partially nude or pornographic content, (b) any offensive content, (c) any spam, or any other advertisement or promotion for any product or service, and/or (d) content that infringes others’ intellectual property or other proprietary rights; and/or
vii. Use content posted by Influencers in any way not authorized by the Influencer.
E. Should we determine, in our sole discretion, that you have breached any part of the foregoing subparagraph D, we in our sole discretion may, together with any legal or equitable remedies we may have, without any notice, terminate, disable, suspend or otherwise render inoperable your Spark Service account.
F. If you feel that a particular post violates these Terms of Service, please flag it (tap on the flag icon above the post), and we will address it.
A. The design of the Spark Service along with created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to us, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Service is provided to you AS IS for your entertainment use only. We reserve all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein.
B. We grant you a license to use the Spark name and logo solely for the purpose of promoting the Spark Service.
YOU AGREE THAT YOUR USE OF THE Spark SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE AND ITS CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE Spark SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE Spark SERVICE OR ANY HYPERLINKED WEBSITE OR CONTENT OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
A. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Spark SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE OR ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE Spark SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OF SERVICE OR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
B. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
C. The Service is controlled and offered by us from our facilities in the United States of America. We make no representations that the Spark Service is appropriate or available for use in other locations. Those who access or use the Spark Service from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
You agree to defend, indemnify and hold us, our officers, directors, employees, agents, successors and assigns harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Spark Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, privacy or publicity right; or (iv) any claim that one of your content submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Spark Service.
You affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. You further represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a ”terrorist-supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree that: (i) the Spark Service shall be deemed solely based in California; (ii) the Spark Service shall be deemed a passive server that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California; and (iii) you agree to be subject to the jurisdiction of California in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Spark Service shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. These Terms of Service, together with the Privacy Policy and any other legal notices published by us, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and us concerning the Spark Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. We reserve the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to any revised Terms, your only recourse is to discontinue use of the Spark Service. Your continued use of the Spark Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND WE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Spark SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.