January 6, 2018

Terms & Conditions

These terms of service (“Terms of Service”) govern your use of sparkofallure.com. By using or accessing this website, you agree to be bound by these Terms of Service, There may be instances when we offer additional terms specific to a product, application or service. To the extent such additional terms conflict with these Terms of Service, the additional terms associated with the product, application or service, with respect to your use of the product, application or service, will prevail. References to “us,” “we,” and “our” mean sparkofallure.com..

  1. Using the Services

By submitting Your Content to the Services, you hereby grant sparkofallure.com. royalty-free, non-exclusive, sublicenseable and transferable license to use, distribute, reproduce, prepare derivative works of, perform and display Your Content in connection with the Services and sparkofallure.com., including without limitation for promoting the Services, in all media now known or hereafter devised through any media channels. You acknowledge that use of the Services is for your personal use only.

Except as expressly permitted herein, you shall not:

  1. access the Services by any means other than instructions provided by us;
  2. use the Services for any illegal or unauthorized purpose;
  3. share with any third party any access codes or account information, including without limitation your username and password that you may create or sparkofallure.com may provide in connection with the Services; or
  4. upload, post or otherwise distribute or facilitate distribution of any content that:
    1. is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of another’s privacy, discriminatory, sexually oriented or tortious;
    2. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
    3. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or any form of lottery or gambling;
    4. constitutes the selling or trading of any merchandise;
    5. constitutes the soliciting for advertisers/sponsors; conducting contests/raffles; displaying advertising/sponsorship art; promoting, soliciting or participating in chain letters or marketing/pyramid schemes;
    6. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
    7. contains links to sites that violate these Terms of Service, such as pornographic sites, defamatory sites, and so on; or
    8. impersonates any person or entity.

We generally do not pre-screen, monitor or edit the content posted by users of the Services. However, we have the right at our sole discretion to remove any content that, in our judgment, does not comply with the foregoing or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content.

You are responsible for all activity that occurs under your account and you are solely responsible for maintaining the confidentiality of your access codes and account information. You must notify us immediately if you become aware of any unauthorized use of your access codes or account information.

  1. Ownership

All rights (including without limitation, copyrights, trademarks, patents and trade secrets) in the Services and the content contained therein, other than Your Content, (“sparkofallure.com. Content”) are and will remain the sole and exclusive property of sparkofallure.com.and/or its licensors. No title to or ownership of any portion of the Services, the sparkofallure.com.Content or any other products or services manufactured, sold and/or distributed or otherwise made available by sparkofallure.com., or any proprietary rights related to those products/services, is or will be transferred pursuant to or by virtue of this agreement. sparkofallure.com.hereby grants you a limited, non-exclusive, nonsublicensable, revocable license to display and reproduce the sparkofallure.com.Content (other than software code) solely for your personal use in connection with using the Services in accordance with these Terms of Service.

  1. Feedback

You may from time to time provide sparkofallure.com.with suggestions, ideas or other feedback regarding the Services (“Feedback”). Both parties agree that sparkofallure.com.shall own such Feedback and is entitled, but not obligated, to use, develop and exploit it in any manner, without restriction or duty to compensate or seek permission from you.

  1. Disclaimer

THE SERVICES ARE PROVIDED ”AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, RELIABLITY, AVAILABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS OR PERFORMANCE OF THE SERVICES IS ASSUMED BY YOU. IN NO EVENT WILL SPARKOFALLURE.COM.OR ITS LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, EVEN IF SPARKOFALLURE.COM.HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TERMS OF THIS SECTION 6 SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.