Effective Date: March 1, 2018
3. Sites’ Content
Our Sites contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Content”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. The entire content of our Sites is copyrighted as a collective work under the United States Copyright Laws. Trademarks, logos, and service marks displayed on our Sites are registered and unregistered trademarks of Swell Spark, its licensors or content providers, or other third parties. Any unauthorized use of our intellectual property, including our marks, our copyrighted material, and our trade dress, is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
4. License and Access
5. User Restrictions
By using and accessing our Sites, you acknowledge and agree that you must NOT:
- use our Sites for any illegal or unauthorized purpose, including using our Sites in a manner that intentionally or unintentionally violates any applicable local, state, national or international law, or for any purpose that infringes any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
- use our Sites for any purpose that victimizes, harasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or use our Sites to harm or exploit minors in any way;
- engage in any activity or use any device, software, or routine that interferes with or disrupts our Sites (or the servers and networks which are connected to our Sites), or a user’s access to our Sites, or our Sites’ operations, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or by injecting content or code or otherwise alter or interfere with the way any part of our Sites is rendered or displayed in a user’s browser or device;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Sites;
- impersonate any person or entity, including any employee or representative of us or otherwise misrepresent your affiliation with a person or entity;
- modify, copy, sell, resell, rent, lease, loan, sublicense, redistribute, or create any derivative work of, any portion of our Sites, including any services included on our Sites;
- use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on our Sites, deep-link to any feature or content on our Sites, bypass, circumvent, disable or otherwise interfere with our robot exclusion headers or other measures we may use to prevent or restrict access to our Sites or copying of any Content or enforce limitations on use of our Sites and the Content on our Sites;
- collect or store personal data about other users without permission; and
- use our Sites for any purpose that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation or any form of lottery or gambling.
6. User Content and Feedback
In addition, should you send us postings, feedback, or data about our Sites or use of our Sites, such as ideas, comments, suggestions, or questions, (collectively, “Feedback”), such Feedback will not be given confidential treatment. By sending us any Feedback, you agreed to assign and you hereby assign such Feedback (along with any underlying or related ideas, concepts, techniques and know-how) to Swell Spark without charge. You further agree to take all acts reasonably requested by Swell Spark to confirm Swell Spark’s ownership of such items. As the sole and exclusive owner of such Feedback, Swell Spark will be free to reproduce, copy, use, disclose and distribute the information to others including without limitation incorporating your postings, feedback or data (and any underlying or related ideas, concepts, techniques and know-how) into any products, offerings, services, of Swell Spark, as well as this Site, without any obligation or compensation to you of any kind.
Some of our Sites may allow for a “live chat” feature. Any communication that you have or content that you submit via the live chat feature is considered to be a User Content and are subject to the same terms and conditions set forth here. In particular, we don’t guarantee any confidentiality with respect to any live chat.
8. Third-Party Websites
Our Sites may contain links to, or be accessed through links on, websites managed and operated by or on behalf of independent third-party entities, who are not a part of Swell Spark or agents of us. We do not have control over such third-party websites or the content of such websites. As a result, we do not have responsibility for the information, misinformation, errors, availability, operation or performance of any such third-party website.
Reference to any product, recording, event, process, publication, service, or offering of any third party by name, trade name, trademark, service mark, company name or otherwise does not constitute or imply the endorsement or recommendation of such by us. Any views expressed by third parties on the Sites are solely the views of such third party and we assume no responsibility for the accuracy or veracity of any statement made by such third party.
It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to the Sites, you do this entirely at your own risk. You agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use of or your reliance on any of these third party’s presentations, content, goods or services made available through the third party site or resource.
Our Sites may be unavailable from time to time due to mechanical, telecommunication, software, and third-party vendor failures. Swell Spark cannot predict or control when such downtime may occur and cannot control the duration of such downtime. Reasonable efforts are taken to ensure the accuracy and integrity of information and related materials provided by Swell Spark on our Sites, but Swell Spark is not responsible for misprints, out-of-date information, technical or pricing inaccuracies, typographical or other errors. Information and related materials are subject to change without notice. As a result, Swell Spark cannot and does not have any liability for such failures or errors. We make no representation that Content included within our Sites are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited.
OUR SITES, THE CONTENT, AND ALL INFORMATION, SERVICES AND RELATED MATERIALS IT CONTAINS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” SWELL SPARK AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CURRENCY, OR ADEQUACY OF, OR THE SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF OUR SITES OR THE INFORMATION OR MATERIALS IT CONTAINS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SWELL SPARK AND ITS RESPECTIVE AFFILIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SITES, THE CONTENT AND THE INFORMATION AND MATERIALS CONTAINED ON OUR SITES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THAT OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OUR SITES WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
IN ADDITION, USE OF THE INTERNET IS INHERENTLY UNRELIABLE AND UNSECURE. THE INTERNET IS SUBJECT TO OUTAGES, COMMUNICATION AND DATA FLOW FAILURES, INTERRUPTIONS AND DELAYS INHERENT IN INTERNET COMMUNICATIONS. YOU RECOGNIZE THAT PROBLEMS WITH THE INTERNET, INCLUDING EQUIPMENT, SOFTWARE AND NETWORK FAILURES, IMPAIRMENTS OR CONGESTION OR THE CONFIGURATION OF YOUR COMPUTER SYSTEMS, MAY PREVENT, INTERRUPT OR DELAY YOUR ACCESS TO OUR SITES. SWELL SPARK IS NOT LIABLE FOR ANY DELAYS, INTERRUPTIONS, SUSPENSIONS OR UNAVAILABILITY OF OUR SITES, OR ANY PORTION OF OUR SITES, ATTRIBUTABLE TO PROBLEMS WITH THE INTERNET OR CONFIGURATION OF YOUR COMPUTER SYSTEMS. THERE IS NO WARRANTY OR GUARANTEE THAT ACCESS OR USE OF OUR SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
NO ADVICE OR INFORMATION FROM SWELL SPARK IN ANY MANNER WILL CREATE ANY WARRANTY AS TO OUR SITES OR ANY PRODUCT, SERVICE OR MATERIAL AVAILABLE THROUGH THE SITES. IF FOR ANY REASON YOU ARE NOT SATISFIED WITH THE SITES OR ITS CONTENT, YOUR SOLE REMEDY IS TO CEASE USING THE SITES OR SUCH CONTENT, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SWELL SPARK AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY OR REPRESENTATION REGARDING (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF OUR SITES, (B) ANY CONTENT OBTAINED FROM OUR SITES OR (C) THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED FROM OUR SITES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE EXTENT ALLOWED BY LAW, IN NO EVENT WILL SWELL SPARK OR ANY OF OUR OR THEIR RESPECTIVE VENDORS, AFFILIATES, OFFICERS, MEMBERS, REPRESENTATIVES, SUPPLIERS, DIRECTORS, EMPLOYEES, CONSULTANTS, OWNERS, OR AGENTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS, BUSINESS, REVENUE, EXPECTED SAVINGS OR BUSINESS INTERRUPTION, OR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM OR OTHERWISE RELATED TO (I) OUR SITES, (II) THE USE OR PERFORMANCE OF OUR SITES OR ANY LINKED WEBSITE OR ANY CONTENT OR OTHER MATERIAL OR INFORMATION OBTAINED THROUGH OUR SITES, OR (III) OTHERWISE ARISING OUT OF THE USE OR THE INABILITY TO USE OUR SITES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWELL SPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE OTHERWISE FORESEEABLE. YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF SUCH DAMAGE IS TO DISCONTINUE YOUR ACCESS TO AND USE OF OUR SITES. NOTWITHSTANDING THE FOREGOING, IN ANY EVENT, THE AGGREGATE LIABILITY OF SWELL SPARK AND OUR OR THEIR AFFILIATES AND VENDORS, FOR ANY REASON, SHALL NOT EXCEED $100.00 U.S. DOLLARS, EVEN IF SUCH REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE.
12. Disputes Resolution
In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of any federal or state court located in the State of Missouri, U.S.A. for the resolution any disputes. Any cause of action you may have with respect to your use of our Sites must be commenced within six (6) months after the claim or cause of action arises.
13. Copyright and Copyright Notices
We respect the intellectual property of others, and we ask our users to do the same. We will promptly review and remove Content from our Sites if properly notified that the materials infringe a third party’s copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the owner or 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 the website sufficient to allow us to locate the allegedly infringing material;
- your name and contact information (including address, telephone number and e-mail address);
- a 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; and
- 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.
Please contact us for Notice of Claims of copyright infringement at:
Swell Spark, LLC
43 Kansas Ave., Kansas City, KS 66105
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