The Sparks.Network is a web and mobile app that connects volunteers with the people who need them.
Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “users” of the services provided for the purpose of this TOS. Once an individual registers for our services, through the process of creating an account, the user shall be considered a member.
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users and members with the Sparks.Network, located at 348 Wall St., Ventura CA 9001, and our subsidiaries and affiliates, in association with the use of the Sparks.Network website.
1. Services Provided
The user and/or member acknowledges and agrees that the services provided are the sole property of the Sparks.Network. At its discretion, the Sparks.Network may offer additional services and/or products. The Sparks.Network reserves the right to cancel and cease offering any of its services. You, as the end user and/or member, acknowledge, accept, and agree that the Sparks.Network shall not be held liable for any changes to any of our services.. Furthermore, the user and/or member understands, acknowledges, and agrees that the services offered shall be provided “as is”.
To register and become a member of the site, you must be 18 years of age. You agree to furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process.
Knowingly providing any information of a false, untrue, or inaccurate nature is grounds for the Sparks.Network to suspend or terminate your uuse of the service, and refuse any and all current or future use of the Sparks.Network.
As a member of the Sparks.Network, you may cancel or terminate your account, associated email address, and access to our services by submitting a termination request to email@example.com.
As a member, you agree that the Sparks.Network may, without prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any of our services. The cause for such termination, discontinuance, suspension, and/or limitation of access shall include, but is not limited to:
- any breach or violation of or TOS or any other incorporated agreement, regulation, and/or guideline
- by way of requests from law enforcement or any other governmental agencies
- the discontinuance, alteration, and/or material modification to our services
- unexpected technical or security issues and/or problems
- any extended period of inactivity
- any engagement by you in fraudulent or illegal activities
- the nonpayment of any associated fees that may be owed by you in connection with your Sparks.Network account.
Furthermore, you agree that any and all terminations, suspensions, discontinuances, or other limitations of access shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account.
You agree not to make use of the Sparks.Network for purposes of:
- uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful,a threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy.
- causing harm to minors in any manner whatsoever
- impersonating any individual or entity, including but not limited to any Sparks.Network staff, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity
- uploading, posting, emailing, transmitting, or otherwise making available any content that may infringe upon any patent, copyright, trademark, or other proprietary or intellectual rights of any other party
- uploading, posting, emailing, transmitting, or otherwise making available any unsolicited or unauthorized adertising, promotional flyers, junk mail, spam, or any other form of solicitation, except in any such areas that have been designated for such purpose
- disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in the Sparks.Network
- interfering with or disrupting any Sparks.Network servers, and/or networks that may be connected or related to our services
- intentionally or unintentionally violating any local, state, federal, national, or international law
- collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs
3.1. Responsibility for Content
As a member of the Site, you acknowledge, understand, and agree that all information, text, photographs, messages, or other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content that you post or otherwise make available by way of the Sparks.Network, and as such, we do not guarantee the accuracy, integrity, or quuality of such content. It is expressly understood that by use of our services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, emailed, transmitted, or otherwise made available by the Sparks.Network.
3.2. Content Removal & Access
The Sparks.Network reserves the right to delete any content currently available through our services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other users and/or members.
The Sparks.Network reserves the right to access, preserve, and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably neccessary for:
- compliance with any legal process
- enforcement of the TOS
- responding to any claim that content is in violation of the rights of a third party
- responding to requests for customer service
3.3. Content Rights & License
The Sparks.Network shall not lay claim to ownership of any content submitted by any visitor, member, or user.
For any content you submit or make available for inclusion in the service, you grant the Sparks.Network a worldwide, royalty-free, and non-exclusive license to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on our network and for promotional purposes. This license shall be available so long as you are a member of the Sparks.Network, and shall terminate at such time when you elect to discontinue your membership.
3.4. Content Indemnity
You agree to insure and hold the Sparks.Network, our subsidiaries, affiliates, agents, employees, officers, partners, and or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content you may submit, post, modify, transmit, or otherwise make available through our services.
4.1. Commercial Reuse of Services
The member or user agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason, any par, use of, or access to the Sparks.Network, except in any such areas of the service expressly designated for that purpose.
Any correspondence or business dealings with, or the participation in any promotions of, opportunities located on our through our services, which may include the payment and/or delivery of goods and services, and any other term, condition, warranty, or representation associated with such dealings, are and shall be solely between you and the member offering the opportunity.
Either the Sparks.Network or third parties may provide links to other websites and/or resources. You acknowledge and agree that we are not responsible for the availability of any external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that the Sparks.Network shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused, or allegedly to be caused by or in connection with the use or the reliance on any such content, goods, or services made available on or throuugh any such site or resource.
5.3. Interstate Communication
You acknowledge that by using the Sparks.Network, you will be causing communications to be sent over the internet. Therefore, you are acknowledging that the use of this service shall result in interstate transmissions.
5.4. Cautions for Global Use and Export and Import Compliance
Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of the Sparks.Network, you agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html) as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you pledge that you:
- are not on the list of prohibited individuals which may be identified on any government export exclusion report, nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations
- agree not to transfer any software, technology, or other technical data through the use of the Sparks.Network to any export-prohibited country
- agree not to use the Sparks.Network for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of US export laws
- agree not to post, transfer, or upload any software, technology or other technical data which would be in violation of US or other applicable export and/or import laws
6. Warranty Disclaimers
You expressly acknowledge and agree that:
- The use of the Sparks.Network services and software are at the sole risk by you. Our services and software shall be provided on an “as is” and/or “as available” basis. The Sparks.Network, and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
- The Sparks.Network, and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no such warranties that (i) our services will meet your requirements, (ii) our services shall be uninterrupted, timely, secure, or error-free, (iii) such results which may be obtained from the use of the services will be accurate or reliable, (iv) the quality of any products, services, information, or other material which may be obtained by you through our services will meet your expectations, and that (v) any such errors contained in the service shall be corrected.
- Any information or material downloaded or otherwise obtained by way of the Sparks.Network shall be accessed at your sole discretion and sole risk, and as such you shall be solely responsible afor and hereby waive any claims and cauuses of action with respect to any damage done to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
No advice and/or information, whether written or oral, that may be obtained by you from the Sparks.Network or by way of our services shall create any warranty not expressly stated in this TOS.
A small percentage of some users may experience some degree of epileptic seizure when exposed to certain light patterns or background that may be contained on a computer screen while using our services. Certain conditions may induce a previously unknown condition or undetected epileptic symptom in users who have shown no history of any prior seizure or epilepsy. Should you, anyone you know, or anyone in your family have an epileptic condition, please consult a physician if you experience any of the following symptoms while using our services: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
7. Limitation of Liability
You explicitly acknowledge, understand, and agree that the Sparks.Network and our subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages with may be related to the loss of any profits, goodwill, se, data, and/or other intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from:
- the use or inability to use our service
- the cost of procuring substitute goods and services
- unauthorized access to or the alteration of your transmissions and/or data
- statements or conduct of any third party on our service
- and any other matter whicih may be related to our service
8. General Information
8.1. Entire Agreement
This TOS constitutes the entire agreement between you and the Sparks.Network, and shall supersede any prior version of this TOS. You may also be subject to additional terms and conditions when you use or purchase other services from the Sparks.Network.
8.2. Choice of Law and Forum
This TOS shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, or the relationship between you and the Sparks.Network, shall be filed within the courts having jurisdiction within the County of Ventura, California, or the US District Court located in said state. You and the Sparks.Network agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
8.3. Waiver and Severability of Terms
At any time, should the Sparks.Network fail to exercise any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report any and all violations of this TOS to firstname.lastname@example.org.