The fol­lowing terms and con­di­tions govern all use of the SPRKS.com web­site and all con­tent, ser­vices and products avail­able at or through the web­site. The Website is owned and oper­ated by SPRKS.com and is offered sub­ject to your accept­ance without modi­fic­a­tion of all of the terms and con­di­tions con­tained herein and all other oper­ating rules, policies (including, without lim­it­a­tion, our pri­vacy policy) and pro­ced­ures that may be pub­lished from time to time on this Site (col­lect­ively, the “Agreement”).

Please read this Agreement care­fully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and con­di­tions of this agree­ment. If you do not agree to all the terms and con­di­tions of this agree­ment, then you may not access the Website or use any ser­vices. If these terms and con­di­tions are con­sidered an offer by us, accept­ance is expressly lim­ited to these terms. The Website is avail­able only to indi­viduals who are at least 13 years old.

If you create an account, you are fully respons­ible for all activ­ities that occur under the account and any other actions taken in con­nec­tion with the blog. You must not describe or assign keywords to your blog in a mis­leading or unlawful manner, including in a manner intended to trade on the name or repu­ta­tion of others, and we may change or remove any descrip­tion or keyword that it con­siders inap­pro­priate or unlawful, or oth­er­wise likely to cause us liab­ility. You must imme­di­ately notify us of any unau­thor­ized uses of your blog, your account or any other breaches of security. SPRKS.com will not be liable for any acts or omis­sions by You, including any dam­ages of any kind incurred as a result of such acts or omis­sions.
Responsibility of Contributors. If you use our sites, com­ment on our sites, post material to the Website, post links on the Website, or oth­er­wise make (or allow any third party to make) material avail­able by means of the Website (any such material, “Content”), You are entirely respons­ible for the con­tent of, and any harm res­ulting from, that Content. That is the case regard­less of whether the Content in ques­tion con­sti­tutes text, graphics, an audio file, or com­puter soft­ware. By making Content avail­able, you rep­resent and war­rant that:

• The down­loading, copying and use of the Content will not infringe the pro­pri­etary rights, including but not lim­ited to the copy­right, patent, trade­mark or trade secret rights, of any third party;
• If your employer has rights to intel­lec­tual prop­erty you create, you have either (i) received per­mis­sion from your employer to post or make avail­able the Content, including but not lim­ited to any soft­ware, or (ii) secured from your employer a waiver as to all rights in or to the Content;
• You have fully com­plied with any third-party licenses relating to the Content, and have done all things neces­sary to suc­cess­fully pass through to end users any required terms;
• The Content does not con­tain or install any vir­uses, worms, mal­ware, Trojan horses or other harmful or destructive content;he Content is not spam, is not machine– or randomly-generated, and does not con­tain uneth­ical or unwanted com­mer­cial con­tent designed to drive traffic to third party sites or boost the search engine rank­ings of third party sites, or to fur­ther unlawful acts (such as phishing) or mis­lead recip­i­ents as to the source of the material (such as spoofing);
• The Content is not por­no­graphic, does not con­tain threats or incite viol­ence towards indi­viduals or entities, and does not violate the pri­vacy or pub­li­city rights of any third party;
• You do not mis­lead viewers into thinking that you are another person or company.
• You have, in the case of Content that includes com­puter code, accur­ately cat­egor­ized and/or described the type, nature, uses and effects of the mater­ials, whether requested to do so by us or otherwise

By sub­mit­ting Content to us, you grant us a world-wide, royalty-free, and non-exclusive license to repro­duce, modify, adapt and pub­lish the Content solely for the pur­pose of dis­playing, dis­trib­uting and pro­moting your blog. If you delete Content, we will use reas­on­able efforts to remove it from the Website, but you acknow­ledge that caching or ref­er­ences to the Content may not be made imme­di­ately unavailable.

Without lim­iting any of those rep­res­ent­a­tions or warranties,we  have the right (though not the oblig­a­tion) to, in our sole dis­cre­tion (i) refuse or remove any con­tent that, in our reas­on­able opinion, viol­ates our policies or is in any way harmful or objec­tion­able, or (ii) ter­minate or deny access to and use of the Website to any indi­vidual or entity for any reason, in our sole dis­cre­tion. We will have no oblig­a­tion to provide a refund of any amounts pre­vi­ously paid.

• Payment and Renewal.
• General Terms. Any paid ser­vices avail­able on the Website may be charged on a pre-pay basis on the day you sign up for them and will cover the use of that ser­vice for a monthly or annual sub­scrip­tion period as indic­ated. Fees may not be not refundable.
• Automatic Renewal. Unless you notify us before the end of the applic­able sub­scrip­tion period that you want to cancel your paid ser­vice, your sub­scrip­tion will auto­mat­ic­ally renew and you authorize us to col­lect the then-applicable annual or monthly sub­scrip­tion fee for such ser­vice (as well as any taxes) using any credit card or other pay­ment mech­anism we have on record for you. Services can be can­celed at any time.
• Responsibility of Website Visitors. We have not reviewed, and cannot review, all of the material, including com­puter soft­ware, posted to the Website, and cannot there­fore be respons­ible for that material’s con­tent, use or effects. By oper­ating the Website,we  do not rep­resent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are respons­ible for taking pre­cau­tions as neces­sary to pro­tect your­self and your com­puter sys­tems from vir­uses, worms, Trojan horses, and other harmful or destructive con­tent. The Website may con­tain con­tent that is offensive, inde­cent, or oth­er­wise objec­tion­able, as well as con­tent con­taining tech­nical inac­curacies, typo­graph­ical mis­takes, and other errors. The Website may also con­tain material that viol­ates the pri­vacy or pub­li­city rights, or infringes the intel­lec­tual prop­erty and other pro­pri­etary rights, of third parties, or the down­loading, copying or use of which is sub­ject to addi­tional terms and con­di­tions, stated or unstated. SPRKS.com dis­claims any respons­ib­ility for any harm res­ulting from the use by vis­itors of the Website, or from any down­loading by those vis­itors of con­tent there posted.
• Content Posted. We may not be able to review all of the material, including com­puter soft­ware, made avail­able through the web­sites and webpages to which we link, and that link to us. We do not have any con­trol over thos web­sites and webpages, and are not respons­ible for their con­tents or their use. By linking to another web­site or webpage, we do not rep­resent or imply that it endorses such web­site or webpage. You are respons­ible for taking pre­cau­tions as neces­sary to pro­tect your­self and your com­puter sys­tems from vir­uses, worms, Trojan horses, and other harmful or destructive content. SPRKS.com dis­claims any respons­ib­ility for any harm res­ulting from your use of web­sites and webpages.
• Copyright Infringement and DMCA Policy. We ask others to respect its intel­lec­tual prop­erty rights, and we respect the intel­lec­tual prop­erty rights of others. If you believe that material loc­ated on or linked to by SPRKS.com viol­ates your copy­right, you are encour­aged to notify us.We  will respond to all such notices, including as required or appro­priate by removing the infringing material or dis­abling all links to the infringing material. We will ter­minate a visitor’s access to and use of the Website if, under appro­priate cir­cum­stances, the vis­itor is determ­ined to be a repeat infringer of the copy­rights or other intel­lec­tual prop­erty rights of us or others. In the case of such ter­min­a­tion, we will have no oblig­a­tion to provide a refund of any amounts pre­vi­ously paid to us.
• Intellectual Property. This Agreement does not transfer from us to you any SPRKS.com or third party intel­lec­tual prop­erty, and all right, title and interest in and to such prop­erty will remain (as between the parties) solely with us. Other trade­marks, ser­vice marks, graphics and logos used in con­nec­tion with the Website may be the trade­marks of other third parties. Your use of the Website grants you no right or license to repro­duce or oth­er­wise use any SPRKS.com  or third-party trademarks.
• Advertisements. We reserve the right to dis­play advert­ise­ments on our Websites.
• Changes. We reserve the right, at its sole dis­cre­tion, to modify or replace any part of this Agreement. It is your respons­ib­ility to check this Agreement peri­od­ic­ally for changes. Your con­tinued use of or access to the Website fol­lowing the posting of any changes to this Agreement con­sti­tutes accept­ance of those changes. We may also, in the future, offer new ser­vices and/or fea­tures through the Website (including, the release of new tools and resources). Such new fea­tures and/or ser­vices shall be sub­ject to the terms and con­di­tions of this Agreement.
• Termination. We may ter­minate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective imme­di­ately.  All pro­vi­sions of this Agreement which by their nature should sur­vive ter­min­a­tion shall sur­vive ter­min­a­tion, including, without lim­it­a­tion, own­er­ship pro­vi­sions, war­ranty dis­claimers, indem­nity and lim­it­a­tions of liability.
• Disclaimer of Warranties. The Website is provided “as is”. We and our sup­pliers and licensors hereby dis­claim all war­ranties of any kind, express or implied, including, without lim­it­a­tion, the war­ranties of mer­chant­ab­ility, fit­ness for a par­tic­ular pur­pose and non-infringement. Neither SPRKS.com nor its sup­pliers and licensors, makes any war­ranty that the Website will be error free or that access thereto will be con­tinuous or unin­ter­rupted. You under­stand that you down­load from, or oth­er­wise obtain con­tent or ser­vices through, the Website at your own dis­cre­tion and risk.
• Limitation of Liability. In no event will SPRKS.com, or its sup­pliers or licensors, be liable with respect to any sub­ject matter of this agree­ment under any con­tract, neg­li­gence, strict liab­ility or other legal or equit­able theory for: (i) any spe­cial, incid­ental or con­sequen­tial dam­ages; (ii) the cost of pro­cure­ment or sub­sti­tute products or ser­vices; (iii) for inter­rup­tion of use or loss or cor­rup­tion of data; or (iv) for any amounts that exceed the fees paid by you to SPRKS.com under this agree­ment during the twelve (12) month period prior to the cause of action. We shall have no liab­ility for any failure or delay due to mat­ters beyond their reas­on­able con­trol. The fore­going shall not apply to the extent pro­hib­ited by applic­able law.
• General Representation and Warranty. You rep­resent and war­rant that (i) your use of the Website will be in strict accord­ance with the our Privacy Policy, with this Agreement and with all applic­able laws and reg­u­la­tions (including without lim­it­a­tion any local laws or reg­u­la­tions in your country, state, city, or other gov­ern­mental area, regarding online con­duct and accept­able con­tent, and including all applic­able laws regarding the trans­mis­sion of tech­nical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or mis­ap­pro­priate the intel­lec­tual prop­erty rights of any third party.
• Indemnification. You agree to indem­nify and hold us harm­less, including our con­tractors, and licensors, and their respective dir­ectors, officers, employees and agents from and against any and all claims and expenses, including attor­neys’ fees, arising out of your use of the Website, including but not lim­ited to your viol­a­tion of this Agreement.
• Miscellaneous. This Agreement con­sti­tutes the entire agree­ment between SPRKS.com and you con­cerning the sub­ject matter hereof, and they may only be mod­i­fied by a written amend­ment signed by an author­ized exec­utive of SPRKS.com, or by the posting byus  of a revised ver­sion. Except to the extent applic­able law, if any, provides oth­er­wise, this Agreement, any access to or use of the Website will be gov­erned by the laws of United Kingdom, excluding its con­flict of law pro­vi­sions, and the proper venue for any dis­putes arising out of or relating to any of the same will be ‚the UK. Except for claims for injunctive or equit­able relief or claims regarding intel­lec­tual prop­erty rights (which may be brought in any com­petent court without the posting of a bond), any dis­pute arising under this Agreement shall be finally settled in accord­ance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbit­rators appointed in accord­ance with such Rules. The arbit­ra­tion shall take place in San Francisco, California, in the English lan­guage and the arbitral decision may be enforced in any court. The pre­vailing party in any action or pro­ceeding to enforce this Agreement shall be entitled to costs and attor­neys’ fees. If any part of this Agreement is held invalid or unen­force­able, that part will be con­strued to reflect the parties’ ori­ginal intent, and the remaining por­tions will remain in full force and effect. A waiver by either party of any term or con­di­tion of this Agreement or any breach thereof, in any one instance, will not waive such term or con­di­tion or any sub­sequent breach thereof. You may assign your rights under this Agreement to any party that con­sents to, and agrees to be bound by, its terms and conditions; SPRKS.com may assign its rights under this Agreement without con­di­tion. This Agreement will be binding upon and will inure to the benefit of the parties, their suc­cessors and per­mitted assigns.

Change log:

11^th June 2011: TOS pub­lished on SPRKS.com
6^th April 2012: Typos corrected