Terms and Conditions
If you are using the Site or accessing the Services in your capacity as an employee, consultant or agent of a company or other entity, you represent that you are an employee, consultant or agent of that company or entity, and that you have the authority to bind that company or entity to these Terms. For the purpose of these Terms, you (and, if applicable, the company or entity that you represent) will be referred to as "Customer" or "you".
Spark Reputation reserves the right to change or modify these Terms, or any of our other policies or guidelines, at any time upon notice to you. We may provide that notice in a variety of ways, including, without limitation, sending you an email, posting a notice on the Site, or posting the revised Terms on the Site and revising the date at the bottom of these Terms. Any changes or modifications will be effective after we provide notice that these Terms have been modified. You acknowledge that your continued use of the Site or any of the Services following such notice constitutes your acceptance of the modified Terms.
Spark Reputation reserves the right – at any time, and without notice or liability to you – to modify the Site or the Services, or any part of them, temporarily or permanently. We may modify the Services for a variety of reasons, including, without limitation, for the purpose of providing new features, implementing new protocols, maintaining compatibility with emerging standards, or complying with regulatory requirements.
These Terms form a binding agreement between you and Spark Reputation. Violation of any of the Terms below will result in the termination of your account(s).
Access to Services
Subject to your continued compliance with these Terms, Spark Reputation grants you a limited, non-transferable, non-exclusive, revocable right and license to access and use the Services and its associated documentation, solely for your own internal business purposes, for the Contract Period for which you have paid the applicable Subscription Fees; and access and use any data or reports that we provide or make available to you as part of your access and use of the Services (collectively, "Reports"), solely in conjunction with your use of the Services. Reports are considered part of the applicable Services, for the purpose of the license granted above. You understand that Spark Reputation uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services, and you agree that Spark Reputation is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.
Eligibility of Use
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
User Accounts/Personal Info
In the course of using the Services, you may be required to provide Spark Reputation personally identifiable information, including contact information, username and password ("Credentials"). Spark Reputation handles such information with the utmost attention, care and security. Nonetheless, you, not Spark Reputation, shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify Spark Reputation promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify Spark Reputation of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify Spark Reputation immediately.?
By submitting or uploading Content to the Services, you grant Spark Reputation a worldwide, royalty-free, and non-exclusive license (i) to use, reproduce, modify, adapt and publish that Content for the purpose of providing the Services to you; and (ii) to create aggregations and summaries of the Content or portions thereof and to use, disclose, and distribute such aggregations publicly to any third party in support of our business (both during the period that these Terms are in effect, and thereafter), provided that such aggregations and summaries do not directly or indirectly identify you or your Content. If you delete Content, Spark Reputation will use reasonable efforts to remove it from the Services. You acknowledge, however, that cached copies or other references to the Content may still be available.
Without limiting any of your representations or warranties with respect to the Content, Spark Reputation has the right (but not the obligation) to reject or remove any Content, without liability or notice to you, that Spark Reputation believes, in Spark Reputation’s sole discretion: (i) violates these Terms or any Spark Reputation policy, (ii) violates or misappropriates the Intellectual Property Rights of any third party, or (iii) is in any way harmful or objectionable.
All of your Content will be deleted from the Services within a reasonable time period from when you cancel your account/subscription. Deleted Content cannot be recovered once your account/subscription is cancelled. We do not accept any liability for such loss.
By making available any user-generated content ("User Content") through the Site and Services, you hereby grant to Spark Reputation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site and the Services. Spark Reputation does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
Third Party Services/Materials
You may be able to access or use third party services, resources, content or information ("Third Party Materials") via Spark Reputation. By using Spark Reputation to find material on the Internet, you instruct Spark Reputation to present portions of the data sources that you have selected. You acknowledge sole responsibility for and assume all risk arising from your access to or use of any such Third Party Materials and Spark Reputation disclaims any liability that you may incur arising from your access to or use of such Third Party Materials or User Content via Spark Reputation. You acknowledge and agree that Spark Reputation: (a) is not responsible for the availability or accuracy of such Third Party Materials or the products or services on or available from such Third Party Materials; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Materials; (c) does not make any promises to remove Third Party Materials from being accessed through the Services. Your ability to access or link to Third Party Materials does not imply any endorsement by Spark Reputation of Third Party Materials or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Materials maintained or transmitted through use of the Services. You further acknowledge that you are solely responsible for backing up and making copies of any Third Party Material that you wish to preserve.
Use of Information
Unless you have entered into an express written contract with this website to the contrary, visitors, viewers, subscribers, members, affiliates, or customers have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this website. By accessing the contents of this website, you agree to this condition of access and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, User has no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason or for any use whatsoever.
Ownership or Right to Use, Sell, Publish Contents of this Website
The website and its contents are owned or licensed by the website's owner. Material contained on the website must be presumed to be proprietary and copyrighted. Visitors have no rights whatsoever in the site content. Use of website content for any reason is unlawful unless it is done with express contract or permission of the website.
Hyperlinking to Site, Co-Branding, "Framing" and Referencing Site Prohibited
Unless expressly authorized by website, no one may hyperlink this site, or portions thereof, (including, but not limited to, logotypes, trademarks, branding or copyrighted material) to theirs for any reason. Furthermore, you are not permitted to reference the URL (website address) of this website or any page of this website in any commercial or non-commercial media without express permission from us, nor are you allowed to 'frame' the site. You specifically agree to cooperate with the Website to remove or de-activate any such activities, and be liable for all damages arising from violating this provision.
All trademarks, service marks, logos, trade names and any other proprietary designations of Spark Reputation used herein are trademarks or registered trademarks of Spark Reputation. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Pricing and Billing
Please see subscription documentation for information regarding pricing and billing for these Services. If you have any questions about Spark Reputation’s billing policies, please contact Spark Reputation at email@example.com.
Without limiting other remedies, Spark Reputation may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, Spark Reputation may notify authorities or take any actions it deems appropriate, without notice to you, if Spark Reputation suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of these Terms and Conditions or any policies or rules established by Spark Reputation; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, Spark Reputation users, Spark Reputation or any other third parties or the Site or Services.
Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. Spark Reputation will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. UPON ANY TERMINATION OR SUSPENSION, ANY CONTENT, MATERIALS OR INFORMATION (INCLUDING USER CONTENT) THAT YOU HAVE SUBMITTED ON THE SITE OR VIA THE SERVICES WILL NO LONGER BE ACCESSIBLE BY YOU VIA THE SERVICES THEREAFTER. HOWEVER, SPARK REPUTATION SHALL CONTINUE TO HAVE A LICENSE TO UTILIZE THE USER CONTENT.
Any suspension, termination or cancellation will not affect your obligations to Spark Reputation under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate leval action, including without limitation pursuing civil, criminal, and injunctive redress.
One Time Activation/Setup Fee is non refundable. Service Fees are also non refundable. You may cancel your ongoing service at any time and your service subscription will not be charged again. If you cancel before the first subscription billing cycle you will not be billed the service fees.
You agree to defend, indemnify, and hold Spark Reputation, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with User Content, your access to or use of the Site, Services or Spark Reputation Content, or your violation of these Terms.
This Agreement and all matters regarding the interpretation and/or enforcement hereof, shall be governed exclusively by the law of the State of California except in so far as the federal law of the United States of America may control any aspect of this Agreement, in which case federal law shall govern such aspect.
If a dispute arises out of (or relates to) this Agreement, or the breach thereof, the Parties agree to submit said dispute to binding arbitration held in Los Angeles, California to be administered by the American Arbitration Association, in accordance with its guidelines and rules, and the Parties further agree that any judgment or award rendered by said arbitrators may be entered in any court having jurisdiction thereof.
The parties to this Agreement are independent contractors, and this Agreement does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent.
The headings used in this Agreement are for ease of reference only. They are not intended as a complete re-statement of the matters contained under each heading, and you acknowledge that you have read and understand all the text of this Agreement, and not just the headings.
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incideental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us furing the six month period prior to any cause of action arising. Certain stale laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.
Neither party will be liable for any delay or failure to perform its obligations under this Agreement (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
California Users and Residents
If any complain with us is not satisfactorialy resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
No failure or delay of either Party hereto in exercising any right, power or privilege hereunder (and no course of dealing between the Parties) shall operate as a waiver or any such right, power or privilege. No waiver of any default on any one occasion shall constitute a waiver of any subsequent default. No single or partial exercise of any such right, power or privilege shall preclude the further or full exercise thereof.
Entirety of Agreement
This Agreement constitutes the entire agreement of the Parties and supersede all previous and contemporaneous communications, representations or agreements with respect to the subject matter hereof, with the exception of any previously entered into Spark Reputation Confidentiality Agreement ("Confidentiality Agreement"), which will continue in effect throughout the Term(s) of this Agreement. To the extent that there is a conflict between the language of this Agreement and the Confidentiality Agreement, this Agreement will govern.
If you have any questions about these Terms, please contact Spark Reputation at firstname.lastname@example.org.