Terms of Service
Last Modified: November 19, 2018.
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.
The use of Sparkt is intended only for people located within 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 - which, when it all comes down to it, is basic decorum. And, to be fair, you have the right to disable your account at any time, for any reason.
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.
We also use your data and that of other members to provide and improve the Sparkt applications and experiences, as they exist currently and in the future. Together, our aggregated data can make Sparkt better for everyone.
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.
See below for additional information regarding your privacy.
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, which can be found at https://www.sparkt.com/about/community.
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.
Additional Privacy Terms. You may share personal and non-personal data with us in various ways including, but limited to, registering on our site, making payments to us for our sites or services or allowing third parties to share such information with us. We may share your information with our third-party service providers to use on our behalf in performing services related to the administration, use, operation and/or maintenance of our site and/or reacting to your specific requests. We may also share your information as we deem necessary (i) in the event (or partial event) of a corporate sale (asset or stock), merger, reorganization, change in corporate control, acquisition, insolvency, bankruptcy or similar event, (ii) to comply with applicable law or reasonable request based upon governmental regulation, court order, subpoena or similar related action or (iii) to protect the rights, property or safety of us, our customers, our associates or others, to prevent harm or loss, or in connection with an investigation or suspected or actual unlawful activity. We may use your information for our internal purposes. Those purposes include, but are not limited to, internal marketing and analysis, registering and servicing your account(s); providing customer service; advertising our products and services to you and those of our partners that we think may be of interest to you.
Do Not Track (“DNT”) is a privacy preference that you can set in certain web browsers. When you turn on DNT, the browser may send a signal or other message to web services requesting that they not track you. At this time, our information collection practices will continue to apply as described in these Terms of Service, regardless of any DNT signals that are sent by certain browsers or selected by you. For more information about DNT, please visit AllAboutDNT.org.
Our site may provide hyperlinks to other sites on the internet. The other sites so linked have not been reviewed by us and are maintained by third parties over which we exercise no control. We expressly disclaim any responsibility for the (i) content or accuracy of information contained on such linked sites; (ii) quality of any product or service provided by or advertised by any linked site; and (iii) the privacy practices or the content of such web sites. We neither endorse nor make any representation regarding any linked site and we advise you to check the privacy policies of such other sites. We may participate in interest-based advertising (IBA), also known as Online Behavioral Advertising. We may use third-party advertising companies and networks to display ads tailored to your individual interests based on how you browse and shop online when you visit our site and across other sites to serve you our advertisements across the Internet and through other channels.
California Privacy Rights. If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your personal information with third parties, for the third parties’ direct marketing purposes. California Civil Code § 1798.83 provides you with the right to submit a request to us and receive the following information:
- The categories of personal information we disclose to third parties for the third parties’ direct marketing purposes during the preceding calendar year;
- The names and addresses of third parties that received such information; and
- If the nature of a third party’s business cannot be reasonably determined from the third party’s name, examples of the products or services marketed.
Our site is a “general audience” website and not directed toward children. However, if (i) any certain areas of our site are directed toward California residents under the age of eighteen (18); or (ii) if we have actual knowledge that a registered user of our site is a California resident under the age of eighteen (18), we will permit such registered user to remove (if applicable) or request that we remove or anonymize such content or information as posted by the registered user, to the extent required by California Business and Professions Code § 22581.
Use of Site. You may use our site only for lawful purposes and in accordance with these Terms of Service. You agree not to use our site: (i) in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (ii) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; (iii) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation; (iv) to impersonate or attempt to impersonate us or another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our site, or which, as determined by us, may harm us or users of our site or expose them to liability.
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 Sparkt Media. As a user of our site or services, you may provide and/or post content, including stories, comments, suggestions, opinions, photographs, videos, messages, communications and/or other materials. Subject to any licenses and rights expressly granted herein, any such content posted by you is owned by you.
Your content is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any such content. We assume no liability for your content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We shall have no obligations to use, return, review, remove, or respond to any of your content (unless required by law). We retain the right to remove any or all your content for any or for no reason.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of users and/or devices using or accessing our sites or services. We are not responsible for claims resulting from our cooperation with law enforcement or court orders.
You are solely responsible for any content you post, publish or display on our site or transmit to others. You will post only content you believe in good faith to be true and accurate, and you will not post to our site any content that is false, inaccurate, misleading or fraudulent. You are prohibited from posting or transmitting any content that: (i) is deceptive, misleading, fraudulent, unlawful, threatening, defamatory, libelous, obscene, pornographic or profane; (ii) promotes illegal activity, encourages conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violates any law; (iii) violates the rights of a third party; (iv) is offensive to users of our site, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or (v) harasses or advocates harassment of another person or entity.
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, Commonwealth 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 agree to defend, indemnify and hold harmless us, and our affiliates, licensors, third party partners and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of our site, services or products other than as expressly authorized in these Terms of Service or your use of any information obtained from our site.
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.