Terms of Service

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<sup class="ordinal">th</sup> June 2011: TOS pub­lished on SPRKS.com
6<sup class="ordinal">th</sup> April 2012: Typos cor­rec­ted