Terms and Conditions

Terms of Use

 

As part of the Service, SPARC will provide the Subscriber with use of the Service, including a browser interface and data transmission, access and storage. Subscriber’s registration for, or use of, the Service shall be deemed to be agreement to abide by these Terms of Use (“Agreement”) including any materials and terms available on the SPARC website incorporated by reference herein, including but not limited to SPARC’s privacy and security policies.

 

The Service is offered for the following software applications:

  • SPARCET
  • SPARC’D
  • SPARCIN
  • SPARC520
  • KnappsacK

 

Definitions

 

Application means one or more of the SPARC software applications listed above or such other software application as notified by SPARC from time to time

 

Service means hosting of the specific SPARC software Application identified during the ordering process, developed or licensed, operated, and maintained by SPARC, accessible via www.SPARC.com or another designated SPARC web site or IP address, or ancillary online or offline products and services provided to Subscriber by SPARC, to which Subscriber is being granted access under this Agreement.

 

Subscriber means the individual or entity that has subscribed for the Service under the terms and conditions of this Agreement.

 

User means Subscriber’s employees, representatives, consultants, contractors, customers, agents or contacts who are authorized to use the Service.

 

Terms of Service

 

Subscriber acknowledges and agrees to the terms of service herein. In addition, Subscriber agrees that unless explicitly stated otherwise, any new features that augment or enhance the Service, and/or any new Service(s) subsequently purchased by the Subscriber will be subject to this Agreement. SPARC may change, revise, suspend, or discontinue the terms at any time, with reasonable notice, by sending the User an e-mail or by other means deemed appropriate by SPARC. SPARC may also impose limits on User’s account to certain features and services or restrict User’s access to parts of the Service without notice or liability.

 

Internet Service Subscriber must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based content. Subscriber must also provide all equipment necessary to make such (and maintain such) connection to the World Wide Web.

 

Registration Data Subscriber agrees to provide accurate, current and complete information (“Registration Data”) about Subscriber as prompted by the registration form, which Subscriber will fill out online in order to gain access to the Service. Subscriber further agrees to use commercially reasonable efforts to maintain and promptly update the Registration Data to keep it accurate, current and complete. Subscriber acknowledges and agrees that if Subscriber provides information that is intentionally inaccurate, not current or incomplete in a material way, or SPARC has reasonable grounds to believe that such information is untrue, inaccurate, not current or incomplete in a material way, SPARC has the right to suspend or terminate Subscriber’s account.

 

E-Mail Subscriber agrees to provide SPARC with Subscriber’s e-mail address, to promptly provide SPARC with any changes to Subscriber’s e-mail address, and to accept emails (or other electronic communications) from SPARC at the e-mail address Subscriber specifies. Except as otherwise provided in this Agreement, Subscriber further agrees that SPARC may provide any and all notices, statements, and other communications to Subscriber through either e-mail or posting on the Service.

 

Software and Upgrades Subscriber agrees to use software produced by third parties, including, but not limited to, “browser” software that supports a data security protocol compatible with the protocol used by SPARC. Subscriber acknowledges that SPARC is not responsible for notifying Subscriber of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks not owned or operated by SPARC or telecommunications facilities, including, but not limited to, the Internet.

 

Data Transmission SPARC employs security measures designed for the protection of information and data. However, Subscriber understands that the technical processing and transmission of Subscriber’s electronic communications is fundamentally necessary to Subscriber’s use of the Service. Subscriber agrees that SPARC is not responsible for any electronic communications and/or Subscriber Data which are lost, altered, intercepted or stored without authorization during the transmission of any data whatsoever across networks not owned and/or operated by SPARC.

 

Termination Violation of any of the terms herein may result in the termination of Subscriber’s account without notice.

 

Account Terms

  1. You must be a human. Accounts registered by “bots”, groups or other automated methods are not permitted.
  2. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
  3. Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as you’d like.
  4. You are responsible for maintaining the security of your account and password. SPARC cannot be liable for any loss or damage from your failure to comply with this security obligation.
  5. You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
  6. If you are using a free account you are not permitted to block ads.
  7. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  8. We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. No advice or information, whether oral or written, obtained by you from us or through or from our services creates any warranty not expressly stated in these Terms of Use.

 

Network Content

 

The Network and its contents are intended solely for the use of the Network Subscribers and may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Network, including, but not limited to text, graphics, logos, tools, photographs, images, illustrations, software or source code, audio and video, and animations (collectively, “Content”) (other than Content posted by Subscriber (“Subscriber Content”)) are the property of SPARC and/or third parties and are protected by United States and international copyright laws.

 

Subscriber Content

 

Some areas of the Service allow Subscribers to post content such as data and other content or information (any such materials a Subscriber submits, posts, displays, or otherwise makes available on the Service “Subscriber Content”). Subscriber retains ownership of your Subscriber Content.

 

In connection with your Subscriber Content, Subscriber affirms, represents and warrants that the Subscriber Content and SPARC’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights. SPARC takes no responsibility and assumes no liability for any Subscriber Content that Subscriber or any other subscribers, users or third party posts or sends over the Service. Subscriber shall be solely responsible for its Subscriber Content. SPARC retains the right, in its sole discretion, to delete or remove any Subscriber Content at any time and with or without notice.

 

You grant SPARC the perpetual and irrevocable right and license to use, copy, cache, publish, display, distribute, modify, create derivative works and store such Subscriber Content and to allow others to do so in any medium now known or hereinafter developed (“Content License”) in order to provide the Services, even if such Subscriber Content has been contributed and subsequently removed by You. Subscriber warrants, represents and agrees Subscriber grants SPARC and the Network the rights set forth above. Subscriber represents, warrants and agrees that it will not contribute any Subscriber Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless Subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) remains posted after Subscriber has been notified that such Subscriber Content violates any of sections (a) to (e) of this sentence. SPARC reserves the right to remove any Subscriber Content from the Network, re-post to the Network any Subscriber Content removed by any Subscriber or former Subscriber, suspend or terminate Subscriber’s right to use the Services at any time, or pursue any other remedy or relief available to SPARC and/or the Network under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Subscriber Content or if SPARC is concerned that Subscriber may have breached the immediately preceding sentence), or for no reason at all.

 

Limitation of Liability and Restrictions

 

Subscriber is responsible for all of its activity in connection with the Services and accessing the Network. Any fraudulent, abusive, or otherwise illegal activity or any use of the Services or Content in violation of this Agreement may be grounds for termination of Subscriber’s right to Services or to access the Network. Subscriber may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Network or Service user.

Use of the Network or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. Under no circumstances will Subscriber use the Network or the Service to (a) send unsolicited e-mails, bulk mail, spam or other materials to users of the Network or any other individual, (b) harass, threaten, stalk or abuse any person or party, including other users of the Network, (c) create a false identity or to impersonate another person, or (d) knowingly post any false, inaccurate or incomplete material.

Although SPARC will make reasonable efforts to store and preserve the material residing on the Network, SPARC is not responsible or liable in any way for the failure to store, preserve or access Subscriber Content or other materials you transmit or archive on the Network. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Network.

To the fullest extent allowed by law, SPARC disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Network. By using this Network, you acknowledge that SPARC is not responsible or liable for any harm resulting from (1) use of the Network; (2) downloading information contained on the Network including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any Subscriber Content from the Network, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

Subscriber will indemnify and hold SPARC, its directors, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of Subscriber’s access to the Network, use of the Services, the violation of this Agreement by Subscriber, or the infringement by Subscriber, or any third party using the Subscriber’s account, of any intellectual property or other right of any person or entity.

In no event shall SPARC, its directors, officers, shareholders, employees or members be liable with respect to the Network or the Services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, Subscriber Content or other intangibles; (c) damages for unauthorized use, non-performance of the Network, errors or omissions; (d) damages related to downloading or posting Content; or (e) any other costs or expenses incurred from the use of or in connection with the Service, including but not limited to, attorneys’ fees for third-party claims against Subscriber. SPARC’s collective liability under this agreement shall be limited to three hundred United States Dollars. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to Subscriber.

 

YOUR USE OF THE SERVICE IS SOLELYAT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARC IS NOT LIABLE FOR ANY RELIANCE ON THE CONTENT PROVIDED ON THE NETWORK OR BY A SUBSCRIBER.

 

Fees and Payment

Some of the Services require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the Network in connection with such Services selected by Subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the Network. Subscriber represents to SPARC that Subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Services. All fee-based Services and virtual goods are provided “AS IS” with no warranties of any kind. SPARC may modify and/or eliminate such fee-based Services at its discretion. Subscriber understands and agrees that the payment for virtual goods grants Subscriber a limited license to use the virtual goods as specified on the Network.

In addition to any other rights granted to SPARC herein, SPARC reserves the right to suspend or terminate this Agreement and Subscriber’s access to the Service if Subscriber’s account becomes delinquent. Subscriber will be obligated to pay the balance due on account. Subscriber agrees that SPARC may charge such unpaid fees and charges to Subscriber’s credit card. Subscriber agrees and acknowledges that SPARC has no obligation to retain Subscriber data and that such Subscriber data may be irretrievably deleted if Subscriber’s account becomes delinquent. If Subscriber fails to comply with payment schedule, Subscriber will have 30 days to cure payment delinquency before SPARC may exercise the right to suspend or terminate the Subscriber’s account.

SPARC may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Network and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.

Privacy and Copyright Policy

Please review SPARC’s Privacy Policy, which governs the use of personal information on the Network and to which Subscriber agrees to be bound as a user of the Network.

SPARC has adopted the following policy toward copyright infringement with respect to the Network in accordance with the Digital Millennium Copyright Act.

Reporting Copyright Infringements:
If You believe that content residing or accessible on the Network infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:

  • Identification of the work or material being infringed.
  • Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that SPARC is capable of finding and verifying its existence.
  • Contact information about the notifying party (the Notifying Party), including name, address, telephone number and e-mail address.
  • A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  • The Notifying Party’s physical or electronic signature. After the Designated Agent receives notification of an alleged infringement that meets all of the requirements above, SPARC shall:
  • Disable access to or remove material that it has a reasonable, good faith belief is copyrighted material that has been illegally copied and distributed by any subscriber to the Network.
  • SPARC will then immediately notify the subscriber responsible for the allegedly infringing material (the Offending Subscriber) that it has removed or disabled access to the material.
  • SPARC reserves the right, at its discretion, to immediately terminate the account of any subscriber who is the subject of repeated takedown notices.

Attn: Legal Department
SPARC, LLC
2387 Clements Ferry Rd
Charleston, SC 29492
Email: support@sparcedge.com

Disclaimer of Warranties

 

SPARC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT THEREIN OR GENERATED THEREWITH. SPARC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY SUBSCRIBER THROUGH THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO SUBSCRIBER STRICTLY ON AN “AS IS” BASIS; ALL OTHER CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED BY SPARC AND ITS LICENSORS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

General Provisions

 

This Agreement is governed by the laws of South Carolina and the parties irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of South Carolina. This Agreement with SPARC in connection herewith, constitutes the entire agreement between the parties with regard to its subject matter, supersedes all prior or contemporaneous agreements, commitments, representations, writings, and discussions between the parties, whether oral or written, and there are no other agreements, representations, warranties, or commitments which may be relied upon by either party. Neither party shall be liable hereunder by reason of failure or delay in the performance of its obligations hereunder (except for the non-payment of money) on account of strikes, shortages, riots, insurrection, war, acts of terrorism, fires, flood, storm, explosions, earthquakes, acts of God, governmental action, labor conditions, or any other cause which is beyond the reasonable control of the party. If a court of competent jurisdiction finds any provision hereof invalid or unenforceable, that provision will either be amended to achieve as nearly as possible the intent of the parties, or if amendment is not possible the offending provision shall be deemed struck, and the remainder of this Agreement will remain in full force and effect. The captions and headings in this Agreement are for convenience only and shall not affect the construction and interpretation of any provision of this Agreement.

 

We love feedback! If you would like to provide us feedback about this policy or our applications in general please contact us at support@sparcedge.com or by mail at: 2387 Clements Ferry Rd Charleston, SC 29492