Terms of use

Last updated May 2015

These are the terms and conditions of use for the website at SparkMag.com (“our site”). Please read them carefully because they form a legal agreement between you and us in relation to access and use of our site.

1. Who we are

We are Spark Magazine and we are owned by Lucid Fusion, Inc., a corporation registered in California, United States and with its registered office at 8935 Research Drive, Irvine, California, USA ( “us” or “we” or “our”).

Please see our Contact Us section for more information.

2. What these terms are about

These terms of use (together with the documents referred to in it) apply to your use of our site. By accessing our site you agree to these terms. If you do not agree to them you should not access our site.

The most current version of these terms is dated above but we may change them from time to time without giving you notice, so please try to read these terms every time you visit our site. By accessing our site after changes are made to these terms you agree to the revised terms.

3. Using our site

We are pleased to provide our site to you for use but you must use our site in an acceptable way. It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of our site. In general, we will not tolerate any use of our site which damages or is likely to damage our reputation, the availability or integrity of our site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.

We want to make our site a safe and rewarding experience, so we have set out more detail on acceptable and unacceptable use below.

As you might expect, you may only use our site for lawful purposes. For example, you must not use our site:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to send any unsolicited or unauthorised advertising or promotional material or any other form of unsolicited communication (spam); or
  • to transmit any data, send or upload any material that contains any harmful programs, such as viruses, Trojan horses, worms, or time-bombs.

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of our site; or
  • access without authority, interfere with, damage or disrupt our site, or any related equipment, network or software.

Interactive services

We may from time to time provide interactive services on our site. If we do provide any interactive service, we will provide clear information to you about the kind of service offered.

We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site.

If we do decide to monitor or moderate an interactive service, we will normally provide you with a means of contacting the moderator, should you need to do so.

Our interactive services are not intended for use by children. Parents and guardians should not permit their children to use our interactive services, as these are only intended for use by businesses. Further, you agree that by using our interactive services you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

If you use our interactive services, you will also need to understand and comply with our content standards.

Content standards

If you contribute material to our site, you agree that any material you contribute will:

  • comply with all applicable laws and regulations;
  • be factually accurate and/or will represent your genuinely held belief or opinion;
  • not be libelous, defamatory, offensive, obscene, pornographic, abusive, threatening, hateful or inflammatory; and
  • not infringe confidentiality, or any copyright or intellectual property rights of another person.

You also agree that we can use any content you contribute to our site whenever and wherever we think appropriate. You will not be compensated for any use that we may make of any content that you have contributed to our site. You further agree that we may publish or otherwise disclose your name in connection with any content that you contribute to our site.

Our suspension and termination rights

The terms set out in this section 3 are intended to protect us, our site and its users, so a failure to comply with this section constitutes a serious breach of these terms. If we believe you have breached this section 3, we may do any or all of the following (as well as any other action we feel is appropriate):

  • issue a warning to you and ask you to take certain steps to rectify your behavior.
  • suspend your right to access our site, either temporarily or permanently.
  • take legal action against you, including to recover any loss we have suffered due to your actions.
  • disclose information to law enforcement authorities.

 

To ensure that we can provide a high quality experience for you and for other users of our site and our service, you agree that we and/or our representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of our site or our service. We do not intend to disclose the existence or occurrence of such an investigation unless required by law, but we reserve the right to terminate your account or your access to our site immediately, with or without notice to you, and without liability to you, if we believe that you have violated any of the terms of use, furnished us with false or misleading information, or interfered with use of our site or our service by others.

Indemnity

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us, our affiliates, officers, directors, employees, consultants, agents, and representatives harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of our site, your violation of these terms of use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.

4. Other things you need to know about our site

We take steps to ensure that all information we provide on our site about our products and services is correct and complete at the time of the last update to the relevant page but we do not promise that it will be correct and complete.

We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely.

Use of our site is free and we take steps to ensure it is available to all permitted users. From time to time we may restrict access to some or all parts of our site. We will try to ensure that our site is always available to you but we have to be realistic and so we do not promise that our site will be continuously available. We also do not promise that your use of our site will be uninterrupted or error-free, or that our site and server will be free from attack (e.g. from viruses). We recommend that you use your own appropriate virus checking software.

5. Links to and from our site

You are allowed to establish links to our site providing you obtain our prior written consent. Links must only be made to the home page of our site and you are not entitled (nor shall you assist others) to set up links from your own website to our site by deep-linking, framing or otherwise, without our prior written consent. We reserve the right to withdraw our consent at any time at our absolute discretion, and without the need to provide a reason.

Where our site provides links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over, and are not responsible for, the content, use by you or availability of those third party websites, for any product or services you purchase through those websites or for the treatment of any personal information you provide to any third party.

If you access and use other Lucid Fusion, Inc. websites or microsites from our site, separate terms will apply to your use of such site. Therefore please ensure you read and agree to any such separate terms before using other Lucid Fusion, Inc. sites and microsites.

6. Intellectual property rights

The design and content of our site, and the material published on it, is protected by copyright and is owned by us and our licensors. All such rights are reserved. We and our licensors retain the exclusive right to authorise or prohibit the direct or indirect, temporary or permanent reproduction of our site by any means and in any form, in whole or in part, and to make our site available to the public, and to distribute any copyright protected material in our site (including without limit, any online software or courses). You agree not to copy, adapt, alter or create any derivative work from any material on our site, or to restrict or inhibit the use or enjoyment of our site by anyone else.

We own various trademarks and registered trademarks (the “marks”). You may not use these marks, and/or any third party trademarks that appear on our site, other than as permitted by prior written license from us, the licensor or by law. In particular, but without limitation, you may not use the marks as meta-tags nor may you sponsor them in search engines. All goodwill in your legitimate use of the marks shall accrue to us. Please notify us immediately if you become aware of any infringement of the marks.

All other intellectual property rights in the site are the property of us or our licensors. We may grant you express permissions relating to the use of material on our site from time to time but except where we do so, nothing in these terms or on our site confers any license or right to use any material on our site without the prior written approval of us or our licensors.

7. Registration and Passwords

We may require you to register before we provide any non-chargeable services via our site. When you register, you agree to provide true, accurate, up to date and complete information as required by the relevant registration form made available to you via our site.

If at any time you choose, or we provide you with a password, a user identification code or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to a third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any provisions of these terms of use.

If you know or suspect that anyone other than you knows your identification code or password, you must promptly notify us via our Contact Us page.

8. Cookies

We use cookies on our site (which are small text files that allow our site to “remember” who you are). Further information about cookies, how we use them to store and access information about you and how you can choose to reject cookies can be found in our Privacy Policy.

9. Privacy and your personal information

Our site includes areas where you are requested to input information about yourself. Any personal data you submit to us through the site shall be subject to the terms of our Privacy Policy which also forms part of these terms of use.

10. What happens if things don’t go as planned?

We will always try to ensure our site and the material on it meets the standards we have promised and that you can use our site as intended in relation to your business. However, because of the nature of our site and the wide range of information we provide, sometimes things may go wrong. If we are at fault, we will always try to resolve any problems we have caused, but unfortunately we will not compensate you for any loss or damage you might suffer (of any nature and however caused) in connection with:

  • our site; or
  • your use, inability to use, or result of your use of our site, any websites linked to our site and any materials posted on our site; or
  • the use of (or any inability to use) any interactive service on our site, whether the service is moderated or not.

We assume no responsibility for the content of websites linked to our site. Such links should not be interpreted as endorsed by us. We will not be liable for any loss or damage that may arise from your use of such websites. You assume the risk of any and all damage or loss from use of, or inability to use, our site or our service.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or in any website linked to it.

Of course, this does not affect our liability for death or personal injury arising from our negligence or our liability for fraud (including fraudulent misrepresentation) in the unlikely event that this should happen, or any other liability which we are not allowed to limit or exclude at law.

11. General

If a court or other competent authority rules that any of these terms are void or unenforceable in whole or in part, the other terms and the remainder of the void or unenforceable term will still be valid.

If you are a consumer, your statutory legal rights are not affected by these terms.

If we fail to exercise, or delay in exercising a right or remedy provided by these terms of use or by law that does not mean we give up those or any other rights or remedies. We reserve the right to exercise those rights or remedies in the future.

These terms of use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Orange County, California, USA in all disputes arising out of or related to the use of our site or Service.

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