Last Modified: Jan 1st, 2020
The following definitions applies to these Terms and Conditions:
"TheSparkOne," “Ourselves,” “We,” and "Us,” refers to TheSparkOne, LLC, an Arizona limited Liability Company.
“User,” “You,” and “Your” refers to you, the person accessing the Website and other services provided by TheSparkOne through the Website.
The “Website” refers to the current website located at www.thespark.one. “Sparkland” refers to the mobile application that We operate.
“Services” refers to the Website, Sparkland, TheSparkOne Network, and any other services provided by TheSparkOne through the Website.
“These Terms and Conditions” refers to these Terms and Condition that you are currently accessing and all incorporated agreements as described herein.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Agreement to be Bound and Modification of Terms
These Terms and Conditions explain the rules and guidelines for using our Services. By purchasing, downloading, browsing, accessing, or otherwise using our Services, you agree to be bound by all terms and conditions contained herein. If you do not agree with these Terms and Conditions, you should not use the services we provide, or you should discontinue your use if you have already used such services. We may modify these Terms and Conditions at our discretion at any time. You are therefore advised to re-read these Terms and Conditions on a regular basis. Any change in these Terms and Conditions will be posted on the Website. Any modification will not apply retroactively and will become effective when they are posted. Your continued use of our Services constitutes an affirmative: (1) acknowledgment of the modifications; and (2) agreement to abide and be bound by the modifications. If you do not agree to any of the modified terms, you should stop using our Services immediately.
Children under the age of thirteen (13) may not use our Services. If you are a resident of a country outside the United States, you must comply with your country’s applicable laws and regulations regarding the age of majority.
User Account, Password and Security
In order to use our Services, you must register an account by providing your contact name, date of birth, email address, a unique user name, and a password. All information you provide during the registration process must be complete and accurate. You must keep your registration data complete, accurate and up-to-date. Any loss caused by your failure to do so is your responsibility. As a registered user, you are entirely responsible for maintaining the confidentiality of your password and account. You may change your password at any time by following the instructions we provide. You are also entirely responsible for any and all activities which occur under your account. You must immediately notify of us any unauthorized use of your account, stolen password, or any other security breach to your knowledge. We will not be liable for any loss or damage arising from your failure to comply with this Section
Once you have created an account to use our Services, you may choose to upload additional information your profile, such as your name, gender, a profile picture, and a short bio. You may also modify the profile information you provide at any time and in your sole discretion. Your profile will be fully visible to all other users by default; however, you have the option to make certain boards, posts, and other information private. Once your privacy setting for these boards and posts is set to private, only the users that you permit to view this information may view your uploaded content.
The Website is provided to users free of charge. We will not collect any charges for browsing or otherwise accessing the Website.
We offer multiple tiers of subscriptions to access Sparkland, including free subscriptions and premium paid subscriptions. Our pricing and subscription terms are available at ____. We reserve the right to modify the fees we charge. Any modifications to the fees we charge will be posted on the Website.
Users who select a free subscription to Sparkland will be granted access to certain functions the mobile application; however, the majority of Sparkland will be limited. Please see the above link for more information about what functions are available with free subscriptions versus paid subscriptions. Payment information is not required for free subscriptions.
Upon registering for a premium subscription, you authorize us to charge your indicated credit card or PayPal account for the premium subscription level selected at the time of account signup. You have the option to be billed on a monthly or yearly basis. In such instances, our fees are billed in advance on a monthly or yearly basis respectively. If you change from a monthly billing plan to a yearly billing plan, we will bill you for a full year at the next monthly billing date.
You may upgrade your subscription level at any time. Upon upgrading your subscription level, we will bill you for your upgraded subscription level immediately.
You are advised that your mobile carrier’s standard data charges will still apply if you access our Services through your mobile phone. We will not be liable for any data charges that you incur while using our Services.
Refunds and Cancellations
You may cancel your premium subscription to Sparkland or downgrade from a premium subscription to a free subscription at any time through navigation buttons within the mobile application. You will not receive any refunds for cancelling a monthly subscription. If you cancel a yearly subscription, you will be eligible to receive a refund of any remaining months left in your yearly subscription. For example, if your yearly subscription is cancelled in June, you will receive a refund equal to the subscription amount for July through December.
From time-to-time, we may offer free trial uses of Sparkland. If you choose to participate any free trial we offer, you agree to be bound to these Terms and Conditions. Upon expiration of the free trial, you will no longer have access to the Sparkland mobile application or any data you have uploaded or received through the mobile application unless you purchase a premium subscription prior to the expiration of the free trial. Certain functions of Sparkland may be limited during the free trial, and additional trial terms and conditions may appear on the Website governing your use of Sparkland during the free trial. Any such additional terms and conditions are incorporated into these Terms and Conditions by reference.
All rates listed on the Website are listed in United States Dollars (USD). We will not held responsible for any currency fluctuations incurred when receiving or sending payments in foreign currencies.
Disclaimer Of Warranties
YOU AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES OR THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED, NOR THAT OUR SERVICES OR THE SERVER THAT MAKES OUR SERVICES AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR TABLET OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THESPARKONE, OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES OR FOR COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES OR RESULTING FROM UNAUTHORIZED DISCLOSURE OR ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT, UNDER ANY CIRCUMSTANCES, SHALL OUR LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale of Our Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of our Services, use of our Services, access to our Services, or your user account.
Data Storage and Other Limitations
We will take reasonable precautions to protect your data and back up our data; however, we cannot guarantee that your data will not be lost, susceptible to viruses, or intercepted by third party hackers. You should take reasonable precautions to back up your data and prevent the loss and disclosure of your data. We assume no responsibility for the deletion or failure to store data.
You are solely responsible for all activities under your account whether conducted by you or another third party you have authorized to access your account. Your use of our Services is subject to all applicable local, state, national and international laws and regulations. You agree (1) to comply with all applicable laws regarding the transmission of your data through our Services; (2) not to use our Services for illegal purposes; (3) not to interfere or disrupt other users’ use of our Services; (4) to comply with all regulations, policies and procedures of networks connected to our Services; (5) not to manipulate identifiers to disguise the origin of any content transmitted to or through our Services; (6) reverse engineer any aspect of our Services; (7) attempt to access any portion of our Services you have not been granted access or authorization to use; (8) create an account, post content, or access content through any bot, spider, crawler, or similar unauthorized automated device, and/or (9) not to use or cause our Services to be used to facilitate the transmission of unsolicited or unauthorized material - this includes any promotional materials, URLs, "junk mail," "chain letters," "pyramid schemes," or any other form of unauthorized solicitation that you may upload, post, transmit, or otherwise make available. We reserve the right, at our sole discretion, to immediately terminate your access to our Services if your actions are in violation of this Section.
Rights of Other Users
You agree not to transmit through our Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You shall not use our Services to post any information that would constitute confidential information or violate another person’s privacy rights. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to another user’s account are prohibited. You shall not interfere with another user’s use and enjoyment of the services we offer. We may, at our sole discretion, immediately terminate any services offered to you should your conduct fail to conform to this Section.
You agree to indemnify and hold TheSparkOne, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Services, content that you contribute to our Services, your violation of these Terms and Conditions, or your infringement or another user’s infringement through access of your account or computer, of any intellectual property or other right of any person or entity.
Non-Exclusive License for Our Services
We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of our Services subject to provisions of these Terms and Conditions. These Terms and Conditions do not grant you any interest in or title to TheSparkOne or any of our Services. Instead, it grants you only limited rights to use our Services in accordance with provisions of these Terms and Conditions. We reserve the right to revoke this license at any time for any violation of these Terms and Conditions.
Proprietary Rights to Our Services
You acknowledge that TheSparkOne is the sole and exclusive owner of all right, title and interest in and to all trademarks, copyrights and all other rights in and to all software, computer programs, works of authorship, writings (whether or not copyrightable), inventions (whether or not patentable), discoveries, methods, improvements, processes, ideas, systems, know-how, data, and any other intellectual creations of any nature whatsoever used in our Services, other than certain content you contribute to our Services, as specified below.
Proprietary Rights to Your Content
You are responsible for any content that you contribute, and you agree that you will only contribute content that you have the right to post. You agree to comply with any third party licenses relating to content you contribute to our Services.
You retain ownership of any intellectual property rights you hold in content that you contribute to our Service. We acknowledge that you retain ownership in the content that you contribute to our Services and will not claim ownership in such content. You hereby grant to TheSparkOne a non-exclusive, royalty-free, transferable, sub-licensable license to use the content you contribute to our Services.
We are committed to protecting the intellectual property rights of others. If you think your copyright protections are being violated, please contact us as outlined in the “Notices” Section below. We will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Monitoring User Contributed Content
You are solely responsible for the content that you submit, post, upload or display through our Services. We do not have any obligation to prescreen, monitor, edit, or remove any user contributed content. If your content violates these Terms and Conditions, you may be legally liable for said violation and content. We will not bear any legal responsibility for the content you post and will not be held liable for failure to prescreen, monitor, edit, or remove your content from our Services. Without limiting the foregoing, we may refuse or remove any content you submit that, in our sole discretion, violates any provision in these Terms and Conditions.
Termination of Our Services
You may terminate your use of the Website at any time within your sole discretion.
You may terminate your use of Sparkland at any time through the “Cancel Subscription” navigation within the mobile application.
We further reserve the right to terminate your access to our Services for failure to adhere to these Terms and Conditions. If you object to any of provision of these Terms and Conditions or any subsequent modifications or become dissatisfied with our Services in any way, you should discontinue use of our Services immediately.
Upon termination, your right to use our Services immediately ceases. All licenses granted in these Terms and Conditions will automatically cease. Your user account will no longer be accessible. We may keep any content that you contributed to our Services for a reasonable period of time for legal, backup, or audit purposes.
Modifications to Our Services
We reserve the right to modify or discontinue our Services or any aspect of our Services with or without notice. We will not be liable to you or any third party if we exercise our right to modify or discontinue our Services.
Third Party Links
All notices to TheSparkOne may be made via email to [email protected]. We may broadcast notices or messages through the Website to inform you of any changes to these Terms and Conditions, our Services, or other matters of importance. Email addresses, email links, and contact forms are provided as a convenience. You are cautioned that contacting us via email or transmitting data to us over the internet may be misdirected or intercepted. You should exercise caution in sending us any sensitive or confidential information by email.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Arizona, excluding its conflict of law provisions. The parties both agree to submit to the exclusive jurisdiction of the courts of Arizona. If any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The parties that any cause of action arising out of or related to the services created hereunder must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Any dispute, claim or controversy arising out of these Terms and Conditions or your use of our Services will be settled by arbitration in Phoenix, AZ. Such arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The party requesting arbitration shall serve upon the other party a notice demanding arbitration and a description of the issue or issues to be arbitrated. Any award issued as a result of the arbitration may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. Notwithstanding this provision, the aggrieved party shall be entitled to injunctive and/or equitable relief in a court of competent jurisdiction. All costs and expenses of the arbitration, including reasonable attorney fees, shall be allocated among the parties as determined by the arbitrator.
These Terms and Conditions are the entire agreement between the parties and supersedes all prior agreements between the parties regarding the subject matter contained herein.