Terms and Conditions
Welcome to “Spark It Network”. “”Spark It Network”” or “Site”, which is a property of “Spark It Network, LLC ”. This page sets forth the Terms and Conditions governing your use of the Site. Because these Terms and Conditions contain legal obligations (including limitations on liability and arbitration provisions), please read them carefully. For your convenience and reference, we have provided a brief abstract with each section heading, but this is not a full description of the relevant provision and you are strongly urged to read and ensure that you understand the entire document.
Summary: We may modify these terms at any time and your usage after such modification constitutes acceptance of the revised terms.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting revised terms on the Site. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Your continued use of this site following the posting of changes to this agreement or other policies means you accept the changes. In the event we make material changes to the Terms and Conditions, notice of these changes will be posted on the “Spark It Network”(DBA: “Spark It Network”) homepage and the revised agreement will take effect thirty days after their notice is publication on this site.
3. Site Usage Summary: You will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or is otherwise inconsistent with “Spark It Network”’s mission.
This Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, audio clips, (collectively, “the Intellectual Property”) are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by “Spark It Network” or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement and assembly) of all content on this Site is the exclusive property of “Spark It Network” ) and protected by U.S. and international copyright laws. All software used on this Site is the property of commercial software suppliers, and is protected by U.S. and international copyright laws. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed herein, is strictly prohibited.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices or is otherwise inconsistent with “Spark It Network” ’s mission.
“Spark It Network” grants eligible users a limited, revocable, nonexclusive license to access the Website for their own non-commercial personal use (no business transactions – promotions only) and in no way do these Terms and Conditions transfer any right, title, or interest in the Site or its content to you, and “Spark It Network” retains all of their rights, title and interest to the Site and its content. Except as expressly provided herein, nothing contained in these Terms and Conditions shall be construed as conferring, by implication, estoppel or otherwise, any license or right to use the content under any copyright, patent, trademark or other intellectual property right.
No other use of the Site is permitted. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from the respective copyright holder(s). Furthermore, users may not sell, resell, modify, reverse engineer, decompile, disassemble, frame or create derivative works of or otherwise exploit for any commercial purpose the Site or any portion thereof without our prior written consent in each instance.
“Spark It Network” reserves the right to suspend its performance of any User content or any aspect thereof under these Terms and Conditions at any time, without giving prior notice, for any act which “Spark It Network”(DBA: “Spark It Network”), in its sole discretion, determines to be harmful to any end user of the “Spark It Network” Service, the “Spark It Network” Service itself or which “Spark It Network” determines in good faith violates or fails to comply with any applicable law or regulation.
“Spark It Network” may terminate Your access to all or any part of the “Spark It Network” Service at any time, with or without cause, with or without notice, effective immediately. You may terminate Your use of the “Spark It Network” Service at any time, provided that all provisions of these Terms and Conditions, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
4. Your Content Summary: You warrant that any content submitted is authorized and will not give rise to liability. If You upload content, You represent and warrant at all times that: (1) You either own fully and outright the content or have obtained all rights, approvals, licenses, consents and permissions as are necessary, and are authorized to grant the licenses granted by You under these Terms and Conditions, to make the representations and warranties made herein, and to perform Your obligations hereunder;
(2) Your content and the distribution and/or publication of it through “Spark It Network”, directly or indirectly, does not, and shall not, infringe or misappropriate any copyright, trademark, privacy right, name and likeness right or any other rights of any third party; and
(3) You have obtained all necessary consents (including with respect to name and likeness), secured all licenses and paid all associated fees required to be paid to third parties (including for the use of any music performed in, contained in or synchronized with any of the Content) (“Third Party Fees”) with respect to the Content and You covenant to timely pay any and all Third Party Fees required to be paid in the future. You further expressly agree that, as between You, on the one hand, and “Spark It Network” on the other hand, any obligation to secure any third party rights and to pay Third Party Fees as a result of distribution of your Content pursuant to these Terms and Conditions shall be Your obligation and not the obligation of “Spark It Network” or any of its affiliates, subsidiaries or partners.
5. “Spark It Network” Retail Policies Summary: We reserve the right to refuse or cancel any order, taxes are collected on sales to/from Washington and returns permitted within 30 days less shipping and handling. The information on this site does not constitute a binding offer to sell products described on the site or to make such products available in your area. We reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account. All prices listed are in U.S. dollars and do not include shipping and handling or any applicable taxes. Please note that we are located in Washington and only collect sales taxes on transactions with Washington residents. While we are not required to collect and remit sales tax for Site purchases, you should be aware that many states require that their residents file a sale or use tax return for items purchased on the internet. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your area. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may over collect or under collect your tax. In consideration of our allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless “Spark It Network” , its officers, directors, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases. Any returns must be received in new and undamaged condition (as determined in our sole discretion) to obtain a full refund if received within thirty (30) days of purchase. “Spark It Network” reserves the right, at its sole discretion, to reject or provide partial credit for any return that does not comply with these requirements. Shipping and handling charges are non-refundable.
6 Disclaimer Summary: The “Spark It Network” Network and its products and services is not a substitute for medical advice or treatment and is made available on an “as is” “as available basis”. This site and products and services provided through “Spark It Network” is a resource to draw upon your own network as you see fit. It is not a substitute for in-person medical, therapeutic or mental health advice, diagnosis, care or treatment, or as a substitute for common sense regarding your personal safety. We recommend that all medical, therapeutic or mental health decisions be made in consultation with your personal health care provider. Never disregard medical or therapeutic advice from your healthcare provider or delay seeking it because of something you have read on the Internet, including this site. We recommend that you not put yourself in potentially dangerous or harmful situations in reliance on this website for your safety. In case of emergency, please call your doctor or 911 immediately. “Spark It Network” does not warrant or guarantee the accuracy, completeness, correctness, timeliness, or usefulness of any information, services, or other material provided on or through the site. “Spark It Network” makes no warranty or guarantee that the website will be uninterrupted, timely, secure, or error-free. “Spark It Network” also makes no representation regarding other site users and assumes no responsibility for their conduct. In no event shall “Spark It Network” be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the site or its content or actions of its members, whether based on warranty, contract, tort, or any other legal theory, and whether or not “Spark It Network” is advised of the possibility of such damages. You agree to agree to defend, indemnify and hold “Spark It Network” harmless against any and all third party claims arising from your use of the “Spark It Network” Site. THE “Spark It Network” SERVICE, “Spark It Network” CONTENT AND MARKS ARE PROVIDED BY “Spark It Network” “AS IS” AND “AS AVAILABLE” ONLY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, “Spark It Network” MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER IN CONNECTION WITH THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE “Spark It Network” SERVICE OR ITS CONTENT OR MARKS, AND TO THE FULLEST EXTENT PERMITTED BY LAW, “Spark It Network” DISCLAIMS ALL WARRANTIES REGARDING THE “Spark It Network” SERVICE AND ITS CONTENTS AND MARKS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, TITLE, SUITABILITY, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS OR SERVICES AVAILABLE VIA THE “Spark It Network” SERVICE (EXCEPT AS MAY BE SET FORTH IN ANY LICENSE OR OTHER AGREEMENT RELATED TO THOSE PRODUCTS OR SERVICES) OR OTHERWISE. YOU AGREE THAT USE OF THE “Spark It Network” SERVICE SHALL BE AT YOUR SOLE RISK. “Spark It Network” MAKES NO REPRESENTATION, WARRANTY OR ASSURANCE TO YOU THAT THE “Spark It Network” SERVICE WILL BE ERROR-FREE OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC. YOU ALSO EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE “Spark It Network” SERVICE RELIES UPON THIRD-PARTY SOFTWARE FOR CERTAIN FUNCTIONS, INCLUDING, WITHOUT LIMITATION, THE ENCODING AND APPLICATION OF SECURITY AND DIGITAL RIGHTS MANAGEMENT FUNCTIONALITY AND PROTECTIONS, IF AVAILABLE. “Spark It Network” MAKES NO REPRESENTATION OR WARRANTY TO YOU THAT SUCH SOFTWARE WILL BE ERROR FREE, ACCOMPLISH THE SPECIFIED INTENT OR PERFORM IN ACCORDANCE WITH ANY PARTICULAR STANDARD, LEVEL OR METRIC, AND “Spark It Network” SHALL NOT BE LIABLE FOR ANY FAILURE THEREOF TO YOU OR ANY THIRD PARTY. YOU ALSO ACKNOWLEDGE AND AGREE THAT TECHNOLOGY MAY EXIST OR BE DEVELOPED TO COPY, DOWNLOAD OR OTHERWISE ACQUIRE YOUR VIDEO CONTENT WITHOUT YOUR AND/OR “Spark It Network” ’S AUTHORIZATION AND/OR KNOWLEDGE, INCLUDING, WITHOUT LIMITATION, VIDEO CONTENT DELIVERED THROUGH STREAMING TECHNOLOGY. FURTHER, “Spark It Network” DOES NOT ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE “Spark It Network” SERVICE OR ANY HYPERLINKED WEBSITE OR INCLUDED IN ANY BANNER OR OTHER ADVERTISING, AND “Spark It Network” WILL NOT BE A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY WITH RESPECT THERETO.
IN NO EVENT SHALL “Spark It Network” OR ITS AFFILIATES, SUBSIDIARIES, PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND/OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR REVENUE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE) ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE “Spark It Network” SERVICE, THE VIDEO CONTENT, THE PERFORMANCE UNDER OR FAILURE OF PERFORMANCE OF ANY PROVISION OF THESE TERMS AND CONDITIONS, AND/OR ANY CONTENT, PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THE “Spark It Network” SERVICE (INCLUDING BUT NOT LIMITED TO, “Spark It Network” CONTENT AND “Spark It Network” MARKS), WHETHER AS A RESULT OF ERRORS, OMISSIONS, LOSS OF DATA, DEFECTS, VIRUSES, INTERRUPTIONS OR DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF “Spark It Network” OR ITS SUPPLIERS HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, “Spark It Network” ASSUMES NO LIABILITY FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN OR OF ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT; PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE “Spark It Network” SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF THE “Spark It Network” SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE “Spark It Network” WEBSITE; ANY VIRUSES, BUGS, TROJAN HORSES, WORMS OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE “Spark It Network” WEBSITE BY ANY THIRD PARTY, AND/OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE “Spark It Network” SERVICE OR ANY CONTENT, INCLUDING ANY USER MATERIAL OR VIDEO CONTENT, POSTED, EMAILED OR OTHERWISE MADE AVAILABLE THROUGH THE “Spark It Network”(DBA: “Spark It Network”) SERVICE.
IN NO EVENT SHALL “Spark It Network” ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OTHERWISE EXCEED THE GREATER OF THE AMOUNT PAID FOR THE PRODUCT OR SERVICE IN QUESTION OR ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
7 Third-Party Links Summary: “Spark It Network” disclaims all liability for links to third-party websites
The Site may contain links to third party websites. These links are provided as a convenience to you. “Spark It Network” is not responsible for the content of such third party websites or any other sites or any products or services that may be offered through such third party websites. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. You should be aware that different terms and conditions (including privacy practices) might apply to your use of any linked sites. “Spark It Network” is not responsible for any losses, damages or other liabilities incurred as a result of your use of any linked sites.
8 Indemnity Summary: You agree to indemnify “Spark It Network” for any liability caused by you. You agree to indemnify and hold “Spark It Network” , its third-party vendors, affiliates, directors,officers, employees and agents harmless from any and all claims and demands, including, but not limited to reasonable attorneys’ fees, made by any third-party due to or arising out of any disruption of the site, content, submitted, posted, or otherwise provided by you to “Spark It Network” and/or its third party advertisers and any breach by you or your affiliates, employees, agents and representatives of these Terms and Conditions and/or applicable law.
9. Non-U.S. Users Summary: Website is hosted in and subject to United States and may not be appropriate for foreign jurisdictions.
“Spark It Network” makes no representation that materials in this website are appropriate or available for use in other locations. If you access this website from outside the United States, please understand that this website may contain references and/or links to products and services that are not available or are prohibited in your country.
Any user who is a resident of a foreign country agrees that (i) they have voluntarily sought and established contact with “Spark It Network” ), (ii) they will not use, transmit, disseminate or upload any material, content, that would violate any applicable local, state or national laws or regulations of the foreign member’s country of residence; (iii) under no circumstance shall “Spark It Network” be deemed liable under any laws other than the United States; (iv) his or her participation is governed by United States law and subject to the arbitration and venue provisions stated herein; and (v) consent to having their data processed in the United States.
Residents of Quebec/ Les Habitants de Québec:
Les parties déclarent par les présentes qu’ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l’avenir, soient rédigés en langue anglaise seulement.
10. Choice of Law & Miscellaneous Summary: Agreement is subject to Washington law and jurisdiction. This Agreement shall be governed by the laws of the State of Washington without reference to its conflict of laws principles a. You hereby consent to such exclusive venue and jurisdiction of the state and federal courts of Whatcom County, Washington.
This Agreement constitutes the entire agreement between “Spark It Network” and You concerning your use of the Website and supersedes all prior agreements. This Agreement may only be modified by a written amendment signed by an authorized executive of “Spark It Network” . 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.
By registering with “Spark It Network” , you consent to receive all communications, including agreements, notices, legally required disclosures and other information relating to the Website(s) or “Spark It Network”(DBA: “Spark It Network”) products electronically from “Spark It Network” . You agree that “Spark It Network” may send you electronic notice by e-mail and/or by notice on the Web Website(s). You may withdraw your consent to receive notices electronically by contacting the address below. All notices to “Spark It Network” ) shall be given by email: “Spark It Network” , Attn: Legal Department, Members@”Spark It Network.com” “Spark It Network”