We’re glad to have you in the Sparkt Community. This is a neighborly place and we try to make it as open and friendly as possible. Still, we have to have some rules so that everyone in the neighborhood can be safe. We’ve tried to make our rules (some sites call these “Terms of Services”) and practices (which other sites call “Privacy Policies”) as clear and concise as possible, while keeping the necessary legalese to a minimum. What you are about to read applies to all things Sparkt (websites, mobile apps, events, products, services, you get the idea) unless we say otherwise.
Let us Introduce Ourselves
Sparkt is a media brand and trademark of Rabble Holdings, Inc. The website, logo, mobile app, and original content is the property of Rabble Holdings and protected by U.S. copyright laws. If you live in the European Union, please know that we comply with the requirements of the EU General Data Protection Regulation (GDPR). If you live in the United States, your use of Sparkt is our indication that you agree to and respect our rules and acknowledge that Sparkt has the right to suspend or remove permanently your account, at any time and without notice or liability, if you don’t comply with the rules- when it all comes down to it – is basic decorum. And, to be fair, you have the right to disable your account.
Your Privacy Matters to Us
When you create a Sparkt account, you give us certain information, including your name, email address, and zip code. When you use the Sparkt services to create stories, take an action, or connect with another member of the Sparkt community, for example, you create a data trail, as well. When using the site, you also create a digital footprint, and we may now or in the future, capture information reported by your web browser (for example, your IP address or web browser type). We do not sell your individual data. That belongs to you. As part of a community, however, your data may be aggregated anonymously and used for commercial and non-commercial purposes. By joining the Sparkt community and creating user account, you agree to and otherwise authorize our respectful use of your information. Fundamentally, we use your data to create your account and optimize your experience on the site (for example, prioritizing stories that occur near you and showing you sponsored information that is most relevant to you). We follow all applicable laws with respect to data management, and we will comply with legal authorities as compelled by court order, or when necessary to protect your safety and security and that of others and the public.
And remember, you always have the right to suspend your account or contact us if you no longer wish to be a member of the Sparkt community.
And remember, you always have the right to suspend your account or contact us if you no longer wish to be a member of the Sparkt community.
You on Sparkt
We strive to build a community where everyone has a voice and every voice can be heard. We invite you to tell your stories and comment on others, in compliance with the Community Guidelines.
We encourage you to create stories and comments that contribute constructively to our community. The content you create on Sparkt is yours, and by using Sparkt to tell your stories, you grant us the unrestricted right to use your content without royalty. We thank you in advance. If and when you delete content, it will be removed from the site. However, backup copies may remain in the system archives for a reasonable amount of time.
We encourage you to create stories and comments that contribute constructively to our community. The content you create on Sparkt is yours, and by using Sparkt to tell your stories, you grant us the unrestricted right to use your content without royalty. We thank you in advance. If and when you delete content, it will be removed from the site. However, backup copies may remain in the system archives for a reasonable amount of time. A few topics are taboo. Hate speech of any kind will not be tolerated. Threats of any kind will not be tolerated. Bullying and name-calling will not be tolerated. Content of any kind hostile toward specific members or groups will not be tolerated. Language that incites violence and vitriol will not be tolerated. Unlawful solicitation of any kind will not be tolerated. We’re here to start something good. We hope that’s why you’re here, too. If you read or see something that is even questionable, please contact us at [email protected].
Sparkt is a community of support and sharing. Sometimes, that support may be for a local business. Still, we discourage blatantly commercial postings from business owners. If you want to position your business as a friend of the Sparkt community, contact us at [email protected].
Giving, Getting, Celebrating
Sparkt gives community members a place to ask fellow members for support in various forms, to donate goods and services, and to applaud individuals, organizations and events that make a difference in the community. We do our best to ensure that these requests and offers are on the up and up. However, we do not endorse or validate any specific request or offer. Your decision to act on the information in any story is yours alone. You are solely responsible for your decision to donate time, money, or materials. You are solely responsible for your decision to engage with Sparkt and/or other community members on the Sparkt app or website, during a Sparkt Live broadcast, at a Sparkt event, or directly online or in person with any other Sparkt member.
The Fine Print
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SPARKT SERVICE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US SHALL CREATE A WARRANTY. SHOULD THE SERVICE CAUSE ANY DEFECTS, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall our total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
Ownership Rights. The Service, including the Site and Licensed Application (including any content or information contained therein) and all copies thereof are protected by copyright and other intellectual property laws and treaties. Sparkt or its licensors own the title, copyright, and other intellectual property rights in the Site, Licensed Application and Service and all copies, modifications and derivative works thereof, and the underlying software (including any user Feedback) and your use of our Service does not grant to you, nor do you acquire any ownership rights in the Wishyoo Technology.
Jurisdiction. The Service is controlled and operated by Sparkt from the United States, and is not intended to subject Sparkt to the laws or jurisdiction of any territory other than that of the United States, state of Pennsylvania, and County of Allegheny. Sparkt does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Service do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Service's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and at our sole discretion.
By using the Services you agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and Sparkt, except the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Sparkt are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Sparkt otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. Any controversy shall be arbitrated in Pittsburgh, Pennsylvania. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
You agree that any claim or cause of action arising out of your use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose (two (2) years for residents of Texas) or it shall forever be barred, notwithstanding any status of limitations or other law to the contrary. Within this period, any failure by Sparkt to enforce or exercise any provisions of these Terms of Service or related right shall not constitute a waiver of that right or provision.
If any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Indemnity. You will indemnify, defend, and hold harmless Sparkt from and against any and all claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with any claim arising from or relating to any breach by you of this license.
These Terms of Service do not and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Sparkt.
Sparkt may assign these Terms of Service, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense these Terms of Service or any or all of your rights or obligations under these Terms of Service without Sparkt’s express prior written consent. These Terms of Service will inure to the benefit of Sparkt’s successors, assigns and licensees.
This is the entire agreement between you and Sparkt relating to the subject matter herein and may not be modified by you.
Modification of these terms of service. Sparkt reserves the right to amend these Terms of Service at its sole discretion and any modifications shall be effective immediately upon posting. We will announce any such change by posting the revised draft of these Terms of Service on the Service. You can determine when these Terms of Service were last revised by referring to the "Last Updated" legend at the top of this page. By continuing to use the Service following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of these Terms of Service or any changes thereto, please do not continue using this Service.
Sparkt owns all right, title, and interest in and to the Sparkt website, mobile app, system and all other software, documentation, information, know-how, and materials which Sparkt may provide to you (whether you are a Creator, Participant or a Partner) hereunder, as well as any and all improvements and modifications thereof, and all copyrights, patents, trade secrets, trademarks, and other intellectual property rights inherent therein or appurtenant thereto (collectively, the “Sparkt Proprietary Information”).
Except for the limited licenses granted to you in this Agreement in connection with the Sparkt website, nothing in this Agreement shall be deemed to grant, transfer, or convey to you any rights in or to the Sparkt Proprietary Information. To the extent that you develop or create any modifications, enhancements or improvements to, or derivative works of, the Sparkt Proprietary Information, you hereby assign, transfer, and convey to Sparkt all right, title, and interest, if any, which you may have in or to such modifications, enhancements, improvements or derivative works, and all copyrights, trade secrets, patents, trademarks, know-how, and other intellectual property inherent therein or appurtenant thereto.
You may terminate the agreement with immediate effect at any time. Sparkt may terminate the service, for any or no reason without liability. Upon termination of this Agreement, you shall immediately stop any and all use of the Sparkt system. Please note that content and information that you have previously shared with others, or posted, and that which others have shared with you, may be maintained even after your termination.