This statement constitutes the Terms of Service and Conditions of Use for the Sparkwise Platform.
Last modified April 16, 2012.
We reserve the right to change, revise or modify (“Amendment”) the Agreement at any time by posting the amended document or provisions on the Platform. All Amendments shall automatically be effective upon posting. Your continued use of the Platform after an Amendment has been posted will signify your acceptance of the Amendment and your ratification of the amended Agreement. If you do not accept the Amendment, your sole and exclusive remedy is to discontinue using the Platform. The latest Agreement will be posted on the Platform, and you should always review it prior to using the Platform. We also reserve the right, in our sole discretion, to modify or discontinue the Platform or any service on the Platform, for any reason or no reason, without notice.
Our Platform is an online service and your use is subject to your compliance with the Agreement. All additional policies, notices and other legal/administrative pages contained on the Platform are incorporated into the Agreement.
Eligibility: Our Platform, including its tools, applications and services, is intended solely for access and use by individuals who are at least eighteen (18) years old. By accessing and using our Platform, including its tools, applications and services, you warrant and represent that you are at least eighteen (18) years old and that you have full power, authority, right and capacity to enter into and abide by the Agreement.
Use of the Platform and Prohibitions: Our Platform allows you to link social networks, gain followers, aggregate information, etc. You understand and agree, however, that you will use the Platform including its tools and services with full responsibility for your actions and inactions, and their consequences, in a manner that is consistent with the Agreement, and in compliance with all applicable local, state, national and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
You also agree that:
- you will not use our Platform, including its services and or tools, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Platform, services or tools;
- you will not collect or disclose information about or containing users’ personal information; and
- you will not take any action that may damage the Sparkwise system.
Registration / Member Account: As a condition of becoming a member of the Platform including the use of its tools, applications and services, you are required to register with the Platform and are required to provide a password and user name. You must complete the full registration process and shall provide the Platform with accurate, complete and updated registration information. Failure to do so shall constitute a breach of the Agreement, and may result in immediate termination of your account.
You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the Member Account, Member profile, user name, or password of another Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Member Account or Member profile or access to your password. You are solely responsible for any and all use of your Member Account and Member profile.
Furthermore, you may not use or attempt to use another's Member Account without authorization from us or create a false identity on the Platform.
Ownership: The user holds all rights to, and bears all responsibilities for, any content the user creates using the Platform except to the extent the rights are already held by another. Sparkwise holds all rights to materials that are owned or licensed to Sparkwise, including but not limited to the name, logo, user interface design, layout and graphics.
Material Posted or Transmitted by You: You are responsible for the content of your communications, messages and other use of the Platform, and their consequences. We reserve the right, exercisable at our sole discretion, to terminate your registration if we become aware that you are violating any of the provisions or guidelines set forth in the Agreement.
By utilizing the Platform, you agree not to post or transmit any material that, in our judgment, is defamatory, abusive, obscene, threatening or unlawful in any way, or any material that infringes on the rights of others or contains any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or damage the Platform, or otherwise interrupt the ability of others to use or enjoy the same. Furthermore, without limiting the generality of our other rights, we specifically reserve the right to deny access to anyone who we believe, in our sole discretion, has in any way breached the Agreement or if we reasonably believe a user does not comply with any relevant age restrictions for the Platform.
Warranty Disclaimer and Exclusions / Limitations of Liability
Each time you use the Platform you represent and warrant that all of the information provided by you to our Platform is correct and current.
You hereby accept and agree that it is beyond our control, and we have no duty to take any action regarding: which users gain access to the Platform or use our services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content.
WE WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. IN NO EVENT WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
You (I) release us (and our officers, members, managers, agents, employees, consultants, advisers, partners, parents, subsidiaries, affiliated organizations, joint venturers and the like) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of the Platform (“Released Matters”); and (II) expressly waive with respect to the Released Matters, to the fullest extent permitted by applicable law, any and all rights and benefits conferred by the provisions of any law limiting general or special releases, including without limitation Section 1542 of the Civil Code of the State of California, which reads as follows:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
It should be noted that the Platform may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Platform.
THE SERVICE, CONTENT AND PLATFORM ARE PROVIDED ON AN "AS–IS" BASIS, WITHOUT (TO THE EXTENT PERMITTED BY APPLICABLE LAW) WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON–INFRINGEMENT.
In addition, we make no representation that the operation of our Platform will be uninterrupted or error–free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinue the Platform or any part of it at any time. When you use the Platform you understand and agree that you participate at your own risk.
Intellectual Property Rights / Copyright Notice: The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Platform freely accessible under the GNU Affero General Public License as published by the Free Software Foundation, we don't intend to give up our rights, or anyone else’s rights, to the materials appearing on them to the extent that they exist at the time of dissemination.
Assignment of Rights: Your rights of whatever nature cannot be assigned nor transferred to anyone, and any such attempt may result in termination of the Agreement, without liability to us. However, we may assign your Agreement to any person at any time without notice.
Waiver and Severability: Our failure to insist upon strict performance of any of the terms, conditions and covenants of the Agreement shall not be deemed a relinquishment or waiver of any rights or remedies we may have, nor shall it be construed as a waiver of any subsequent breach of such terms, conditions or covenants, which terms, conditions and covenants shall continue to be in full force and effect.
In the event any provision of the Agreement is found invalid or unenforceable pursuant to any final judicial decree or decision, such provision shall be deemed to have applied only to the minimum extent, and the remainder of the Agreement shall remain valid and enforceable according to its terms.
Entire Agreement: This Agreement describes and encompasses the entire agreement between you and us with respect to the subject matter of this Agreement, including the Platform and the contents and materials provided by or through the Platform, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect thereto.
Choice of Law; Jurisdiction; Forum: This Agreement, and the relations of the parties hereto, shall be governed by, and construed in accordance with, the law of the State of California without giving effect to any choice of law rules or principles that may result in the application of the law of any jurisdiction other than California. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the jurisdiction of the State and Federal courts of Alameda County, California, to the exclusion of any other courts. You and we consent to personal jurisdiction in those courts.
Term: This Agreement will remain in full force and effect while you use the Platform. You may terminate your participation at any time for any reason, or no reason, by ceasing your use of the Platform and informing us of your actions. We may terminate your participation for any reason, or no reason, at any time.
Once your account is terminated, we will be entitled to remove all of your information with no way for you to recover it.
QUESTIONS / COMMENTS / CONCERNS
Please feel free to contact us with any questions, comments or concerns at info[at]sparkwi.se
Sparkwise is a venture of Tomorrow Partners LLC
2332 Fifth Street