Terms and conditions
This page outlines the Terms and Conditions of Service and Use of Sparkwire
The below Terms and Conditions of Service and Use of Sparkwire (the “Terms of Service”) are hereby made effective as of 1st September 2017.
Acceptance of the Terms
Sparkwire, and all related content, materials and services (collectively, Sparkwire” or “We”) is an application created, designed, owned and provided for use by its Users
What We Do
Sparkwire is a simple yet powerful platform designed to aid its Members in improving sales, leads, social interaction and overall effectiveness of the Member’s website or marketing campaigns.
You are solely responsible for all activities that occur under your account. You agree not to use the account, username or password of another User at any time or to disclose your password to any third party or do anything else that might jeopardize the security of your account. You agree to notify us immediately of any unauthorized use of your account. If we have reasonable grounds to suspect violation of these terms or that registration information you have provided is untrue, inaccurate, outdated, or incomplete, we may terminate your User account and refuse current or future use of any or all of the Services. We are not responsible for any loss or damage to you or any third party that may be incurred as a result of any unauthorized access and/or use of your account, or otherwise.
Fees and Subscription Plans
Our 14 day trial plan is offered completely free of charge. Upgraded services (“Paid Services”) are available via monthly or annual subscription packages. Your subscription is billed in advance and will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. We reserve the right to change the subscription fee. Any such changes to fees for Paid Services that are not temporary or promotional will take effect no less than thirty (30) days after we provide you with notice by posting such changes on our website. The changes shall only apply prospectively to the Paid Services you’ve purchased. You will not be charged for using any Service unless you have opted for a paid subscription plan. Up to date information regarding all our Fees and Subscription Plans is available on our pricing page. If you have any questions regarding billing please contact us at [email protected] Unless otherwise stated, all fees are quoted in U.S. Dollars.
Payments, Account Modifications and Refunds
All fees associated with your Sparkwire account will be payable via one of our payment systems. You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner. Payments are taken in full at the start of each billing period. If your payment fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) we may collect fees owed using other collection mechanisms , and (c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to us within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
Your Sparkwire account may be upgraded, downgraded or cancelled, subject to the terms herein, at any time. When an account is upgraded, then the upgrade to your Service will be immediate. The difference in subscription rate will be calculated automatically and you will be billed on a pro-rated basis for the upgrade. When an account is downgraded then you will continue to have full access to all the features of the higher subscription level until the end of the current billing period at which time a new subscription for the lesser amount will be created and the old subscription will be cancelled.
All payments made in connection with your Sparkwire account are non-refundable, and we do not generally offer, nor are we required to provide, any refunds or credits. There is no circumstance in which you will be entitled to, or we are required to provide, a refund or credit. In its sole discretion, we may provide a refund if (i) We terminate your Sparkwire account without cause before the end of a billing period for which you have paid in full, or (ii) you are seeking a refund otherwise specifically provided for by these Terms or Service.
Modifications to the Service
Sparkwire is an evolving Service and we are constantly updating our platform to deliver the best possible Services to our Users. We therefore reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. You further acknowledge that we may, without limitation, modify the fees, costs and pricing associated with Sparkwire at any time and without notice. Any new features that augment or enhance the then-current version of Sparkwire, including the release of new tools and resources, shall be subject to these Terms of Service and may result, in our sole discretion, in a price increase. Notice of any such modifications may be disseminated in the form of banners or similar devices or via email from Sparkwire to the email address associated with your account. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about changes to the Sparkwire Service or pricing. We shall not be liable to you, or to any third party, for any damages, costs, expenses or other liabilities related to any modification, price change, suspension or discontinuance of Sparkwire.
Violations and Termination of Accounts
We reserve the right to investigate violations of any of these Terms and Conditions or any other policies of Sparkwire, or any other violations of any state, federal, national or local law, rule or regulation, and to pursue any remedy available to us whether at law, in equity or otherwise. You hereby acknowledge and agree that we may notify, involve and cooperate with law enforcement authorities in investigating and prosecuting users who violate these Terms of Service or any other policies of Sparkwire, and any other violations of any state, federal or local laws, rules or regulations. You further acknowledge and agree that we have no obligation to, and do not, screen or monitor any users, information, materials or other content provided or made available through Sparkwire, but has the right to do so at any time in its sole discretion. You further acknowledge and agree that we may, in our sole discretion, remove or delete any entries, information, materials or other content, and terminate the account of any user, which violates these Terms of Service.
You may terminate your account and end your use of the Services at any time and for any or no reason. If you terminate your account, we will have no obligation to refund you any fees you may have paid except as may be required by applicable law. Upon deactivating your account, this Agreement terminates and your access rights to the Site and any Services immediately cease to exist. Our rights survive the termination of this Agreement.
Our policy towards Fair Usage is that customers should be able to use the Sparkwire service in an appropriate manner to meet their needs. A very small number of customers may use an excessive amount of the network bandwidth at peak times, to the extent it can impair the performance for others. For this reason we have a fair usage policy designed to ensure our Member service stays fast and reliable 24 hours a day – it involves monitoring the amount of impressions, visitor interactions, downloads and other non-time critical traffic on our service.
If a member’s usage is continually excessive, unfair, affects other users’ enjoyment of our service, or is not consistent with the usage we would typically expect on that member’s current package, we reserve the right to upgrade members to a package more suited for their usage. In extreme cases we may suspend or terminate the member’s ability to access the service.
Third Party Interactions and Limitations
You release our directors, officers, shareholders, employees, agents and successors from claims, demands and damages of every kind or nature arising out of or related to any disputes with other Users, affiliates, resellers and third parties. In the event that the Services are provided to you through a third party, e.g. a design agency acting as a reseller of our services, your first port of call in the event of any disputes will be with said agency. We will take seriously and investigate any complaints made against any of our resellers however we expressly disclaim responsibility for the accuracy, quality, legality, nature, availability or reliability of Third Party Providers linked to by or through the Site or Services. You agree that our directors, officers, shareholders, employees and affiliates, shall not be liable to any User for any direct, indirect, incidental, special, consequential or exemplary damages, related to the action of Third Parties, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses.
Content Ownership and Copyright
Any content you store on our Services (collectively, “Content”) remains yours however you grant us a limited license to access, copy, modify, distribute, store, transmit, reformat, list information regarding, edit, translate, make derivative works of, publicly display and publicly perform such Content to the extent needed to provide our Services to you. The license you grant us is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that we are not required to pay you for the use on the Services of the Content that you post), transferable and sub-licensable (so that we are able to use our affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach).
You are solely responsible for your Content and the consequences of its transmission. You are further responsible for ensuring that you do not accidentally make any private Content publicly available. Any Content that you may receive through the use of the Services from your visitors or otherwise is provided to you AS IS for your information and personal use only and you agree not to use or otherwise exploit such Content for any purpose without the express written consent of the person who owns the rights to such Content. We make no warranties, express or implied, as to the Content or to the accuracy or reliability of the Content or any material or information that you receive through our Services.
We acknowledge that we have no intellectual property rights in any intellectual property owned by our Users and uploaded to or used in Sparkwire. Any such intellectual property remains the property of the Sparkwire user. However, by allowing your online content to be viewed publicly, including any content developed using Sparkwire, you acknowledge and agree that such public content may be freely viewed and shared. You further acknowledge and agree that Sparkwire is not, in any manner, responsible for the security or protection of any intellectual property or similar content uploaded to Sparkwire, the enforcement of any intellectual property or similar rights with respect to such content, and that we shall not be liable for any claims, damages, liabilities or other costs or expenses related thereto.
We do not pre-screen or regularly screen or review any Content uploaded to or used in connection with Sparkwire, but reserves the right, in its sole discretion, to screen and review any content uploaded to or used in connection with Sparkwire, and to remove any content found to violate these Terms of Service.
In the course of using any of the Services, if you come across any Content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable Content available via Sparkwire you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such Content to make such Content available in such manner. Further, by making any Content available in the manner aforementioned, you expressly agree that we will have the right to block access to or remove such Content made available by you, if We receive complaints concerning any illegality or infringement of third party rights in such Content. By using any of the Services and transmitting or publishing any Content using such Service, you expressly consent to determination of questions of illegality or infringement of third party rights in such Content.
It is our policy to respond to clear notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). In addition, we will promptly terminate without notice the accounts of those determined by us to be repeat infringers. If you are a copyright owner and you believe that any content hosted on the Services infringes your copyrights, then you may submit a notification pursuant to the DMCA by providing us with the following information in writing:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Services, such as by providing us the URLs to the content;
your address, telephone number, and email address;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You own the Content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant us the license to use the Content created or stored by you for our commercial, marketing or any similar purpose. You agree not to use, display or share your Content or any data we provide you (collectively, “User Data”) in a manner inconsistent with our Terms of Service, Guidelines and all applicable laws and regulations. We are not required to keep back-up copies of User Data on the Site once your account or User Data is deleted. We make no guarantee that User Data will be safely stored on the Site. To be safe, you should independently back-up your User Data, to the extent permitted herein and by applicable laws and regulations.
Inactive User Accounts Policy
We reserve the right to disable or deactivate unpaid User accounts that are inactive for more than 180 days. This is a necessary housekeeping policy to ensure our infrastructure runs smoothly for the rest of our Users. In the event of such termination, all data associated with such User account may be deleted. We will provide you prior notice of such termination by email.
You agree not to use the Services for illegal, harmful, misleading, fraudulent or other malicious purposes or to post, disseminate or communicate any unlawful, defamatory, obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter or for the transmission of material that contains viruses or other malicious code, or that which infringes or may infringe intellectual property or other rights of another. Making false offers of direct payments or immediate financial rewards on the basis of completion of a ‘Call To Action’ on a campaign, offering non-existent rewards, bonuses, intellectual property or similar non-existent products or services is also expressly forbidden by this Terms of Service. Making false statements about potential earnings, rewards or services within a campaign and redirecting users to domains, URLs, thankyou pages or further promotions that are that are wholly unrelated to the content of a campaign, or contain further potentially illegal material is also forbidden. Furthermore, you agree not to use the Services for the transmission of “junk mail”, “spam”, “chain letters”, “phishing” or unsolicited mass distribution of email. Despite these prohibitions, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and we assume no responsibility or liability for this material.
Without assuming any obligation to do so, we may delete any Content or suspend any account associated with it, that we have reasonable grounds to believe violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person.
By providing us your email address on signing up to our Services, you thereby consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service and other related offers which we believe in our sole discretion may be of interest to you. If you do not want to receive certain email messages, you may opt out by contacting our support team. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other Users. We reserve the right to send you updates about your account status even if you opt out of all voluntary email notifications.
Disclaimer of Warranties
Sparkwire is provided on an “as is” and “as available” basis with no warranties whatsoever. Each user of Sparkwire disclaim any warranties regarding the security, reliability, timeliness, and performance of Sparkwire; we disclaim all liability for any claims, damages, losses, costs or expenses (including attorney’s fees). In relation to the Sparkwire platform we do not warrant that (i) the services will meet your specific requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that 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 purchased or obtained by you through the services will meet your expectations, and (v) any errors in the services will be corrected. Each user of Sparkwire disclaim any warranties for services or goods received through or advertised on Sparkwire or received through any links provided by Sparkwire.
You understand and agree that your use of Sparkwire is at your own discretion and risk and that you will be solely responsible for any liability, claim, damages, loss, cost or expense, including, without limitation, loss of data, which results from or arises from your use of Sparkwire.
Limitation of Liability
WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OUR DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES AND AFFILIATES, SHALL NOT BE LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (V) OR ANY OTHER MATTER RELATING TO THE SERVICES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US RELATED TO ANY OF THE SERVICES SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL OUR ENTIRE LIABILITY TO YOU IN RESPECT OF ANY SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE IN THE PREVIOUS THREE (3) MONTHS.
Each user shall, and hereby agrees to, indemnify and hold harmless, our officers, directors, shareholders, employees and affiliates, from any and all claims, losses, damages, liabilities and any other costs and expenses (including legal fees), arising from or related to such user’s (i) failure to comply with these Terms and Conditions, (ii) submission or posting of content using Sparkwire, or (iii) any use of, access to or other activity engaged in, on or through Sparkwire, or (iv) your violation of any rights (including intellectual property rights) of a third party.
We reserve the right to revise these Terms of Service at any time without notice. The revised version will be effective at the time we post it. By using Sparkwire, you are agreeing to be bound by the then current version of these Terms of Service.
By using the Services, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 16 years of age and older; and (e) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited.
We have not reviewed all of the sites linked to Sparkwire and are not responsible for the content of any such linked website. The inclusion of any link does not imply endorsement by us of the site or application. Use of any such linked website is at the user’s own risk.
If any provision of these Terms of Service is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms of Service will not be affected in any way.
Our failure to act with respect to a breach of these Terms of Service by you or other Users does not waive our right to act with respect to that breach or subsequent similar or other breaches.
You agree that these Terms of Service constitute the entire, complete and exclusive agreement between you and Sparkwire, and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms of Service.
Questions about these Terms of Service should be addressed to [email protected]