Terms of Use
Last Updated August 30th, 2020
Contents
This site, ISparkChange.com (“Site”), is owned by I Spark Change LLC. and operated by I Spark Change, LLC. (together “Companies,” “we,” “us,” or “our”). These Terms of Use (“Terms of Use”) are applicable to you (“User,” “you,” or “your”). The terms contained herein apply to all Users of our Sites.
For all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Companies via our Sites, by e-mail or telephone, by mail, or otherwise disclosed, submitted, or offered in connection with your use of our Sites (collectively, “User Submissions”) you grant the Companies a royalty-free, irrevocable, transferable right and license to use the User Submissions however the Companies desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such User Submissions and/or incorporate such User Submissions into any form, medium, or technology throughout the world.
The Companies will be entitled to use, reproduce, disclose, modify, adapt, create derivate works from, publish, display, and distribute any User Submissions you submit for any purpose whatsoever, without restriction and without compensating you. The Companies are and shall be under no obligation (1) to maintain any User submissions in confidence; (2) to pay to user any compensation for any User Submissions; or (3) to respond to any User Submissions. You agree that any User Submissions submitted by you to the Companies will not violate the terms of any rights of any third party, including without limitation, copyright, trademark, privacy, or other personal proprietary right(s), and will not cause injury to any person or entity. You further agree that no User Submissions submitted by you to the Companies will be libelous or contain libelous or otherwise unlawful, threatening, abusive, or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
Read these Terms of Use carefully before you begin using this Site. BY ENTERING, ACCESSING, BROWSING, SUBMITTING INFORMATION TO, OR OTHERWISE USING THE SITE, ITS SERVICES, AND THE CONTENT AVAILABLE HEREIN, YOU ACKNOWLEDGE AND AGREE TO THESE TERMS.
Note that these Terms of Use may be updated from time to time, and any User’s continued use of this Site after we have made updates to the terms is considered acceptance of those updates. For clarity, all updates are effective immediately when posted. It is your responsibility to check the Terms of Use periodically for updates.
1. Access and Use of This Website
Access to certain portions of our Sites is restricted to registered Users. You might be required to provide your name, telephone number(s), e-mail, and/or street address, credit card number, debit card number, charge card number, or other payment information, as well as and other personally identifiable information (“Personal Data”). By providing such information, you acknowledge and agree that We may, and You specifically authorize us, or permitted third parties, to process all transactions related to this Site and its operation, including without limitation purchases and/or registration for products and/or services on this Site. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Site and/or through your account/profile.
a. Registration and Security.
You agree, represent, warrant, and guarantee that all Personal Data provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate, or pretend to be somebody else when registering. When you create an account and subsequently log in, you will be asked to choose a password. You are responsible for safeguarding and maintaining the confidentiality of your password, and you agree not to disclose your password to any third party. You will be solely responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You must notify us immediately if you know or suspect that any unauthorized person is using your password or your account (for example, Your password has been lost or stolen, someone has attempted to use the services or Sites through your account without your consent or your account has been accessed without your permission). We strongly recommend that you do not use the services or access any of the Sites on any public computer. We also recommend that you do not store your password through your web browser or other software.
b. Limitations on Use.
These Sites may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national, and foreign laws, treaties, and regulations in connection with your use of the Sites and a Sites’ content. With the exception of guest posts written by others (see Guest Posts below), we own the content on all of our Sites. It is copyrighted in I Spark Change, LLC.’s name. We want to strike the appropriate balance between getting our content widely distributed while at the same time protecting I Spark Change, LLC.’s intellectual property rights.
Without our permission, you are free to do the following while using or accessing our Sites:
You must have our express written consent to do any of the following:
c. Guest Posts
Guest bloggers retain the copyright to the posts they write. The above permission guidelines do not apply to their work. If you are interested in re-posting or publishing their content, you must contact them directly. We do not serve as their broker, agent, or contact point. If you have some use of our content not covered here, please email us at [email protected].
d. Subscriptions and Payment
When you create an Account on this Site, the term of your initial subscription shall be monthly, to commence on the date that You sign up electronically by creating an Account (“Subscription”). Each User must pay for a Subscription in U.S. Dollars. Subscribers are typically billed monthly on or about the first day of each month, with payment due no later than ten (10) days past the invoice date. Users are entirely responsible for the payment of all taxes. Monthly fees and renewal fees will be billed at the rate agreed to when payment is made.
e. Cancellation and Account Deletion
You may cancel your Subscription at any time by emailing us at [email protected]. At cancellation, your Account will be inactivated and you will no longer be able to log into Your Account.
f. Links to Third-Party Websites
This Site may contain links to other websites on the Internet, and which are not maintained by us. When you leave this Site, you do so at your own risk. By providing a link to a third-party website, we are not endorsing or attempting to associate with any other entity. Other websites are not under our control, and you acknowledge that We shall not be responsible or liable for any of the text, images, videos, content, or any other content or information from a third-party website. You also acknowledge that we shall not be responsible or liable for any damage or loss caused or alleged to be caused by, or in connection with, your reliance on any information, any good, any service, or any other material provided through a third-party website.
g. Affiliate Links
From time to time, our Sites may include featured product giveaways. Should we receive compensation as a result of giving away any such product, that fact will be disclosed.
In connection with the operation of our Sites, we feature on our Sites affiliate links, including links to Amazon.com and other websites (Affiliate Links). We earn a commission from the Affiliate Links, which commission is based on the number of sales made as a result of users of our Sites clicking over the Affiliate Link and purchasing from the Affiliate Link a product and/or service.
While we may suggest information for the reader’s convenience and consideration, we do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability, nor do we make any other representation about any affiliate link or its content or any products, services, or other offerings made in any affiliate link. We make no representation or warranty as to any products or services offered on any affiliate link, and we assume no responsibility or liability for the actions, products, services, and/or content of any affiliate link.
h. Reliance on Information Posted
We reserve the right to modify the Site in our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, we may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice. You assume any and all risk for decisions based on information contained within this Site. The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place, or decisions you make, on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on these Site materials by you or any other User of our Sites, or by anyone who may be informed of any of our Sites’ contents.
i. Exiting Our Sites
You agree to sign out of your Account, each time you prepare to leave our Sites.
2. Conduct and Behavior
You are solely responsible for all of your activity while using the Site.
You agree to maintain a positive sense of decorum in all of your interactions with other Users on our Sites. You agree to maintain a courteous and professional rapport with other Users, including but not limited to, avoiding profanity, rudeness, insults, scandalous words or actions, or otherwise inappropriate behavior, during your use of this Site.
3. Intellectual Property
Our Sites, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, enablement of video and audio, and the design, selection, and arrangement thereof) (with the exception of Guests Posts as described above) are owned by us, our licensors, or other providers of such materials. For purposes of clarity, I Spark Change, LLC., owns the rights to the compilation, arrangement, and assembly, along with any modifications, variations, updates, versions, and changes to all information entered and stored within Our Site database(s), as part of our Sites. This material, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All of our Sites content is copyrighted material and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any content on this Site without our prior, express, and written permission, except for the limited permitted use as outlined above.
You do not and will not acquire any intellectual property rights in the Site, including but not limited to the underlying services and the content published herein, by your use of our Sites. Subject to your compliance with the terms and conditions of these Terms of Use, we grant you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and use our Sites but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the administrator. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. Our Sites or any portion of our Sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of our Sites without express written consent. Any unauthorized use terminates the permission or license granted by our Sites. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of https://isparkchange.com, so long as the link does not portray this store or its products in a false, misleading, derogatory, or otherwise offensive matter. You may not use any I Spark Change, LLC. Sites logos or other proprietary graphics or trademarks as part of the link without express written permission. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited license expressly granted in the preceding sentences.
Users may not violate the intellectual property rights of others, including but not limited to, using our Sites to infringe upon the copyright, trademark, trade secret, or patent rights of any other party, including Guest Posts. If any party alleges intellectual property right infringement against a user of our Sites, we reserve the right to terminate or suspend any allegedly infringing Account, conduct our own investigation, and comply with any applicable copyright, trademark, trade secret, or patent law, such as the Digital Millennium Copyright Act of 1998 (“DMCA”), the Lanham Act, and other applicable federal or state intellectual property laws. If you believe that a user of this Site is infringing your intellectual property rights, PLEASE SEND NOTICE OF THIS ACTION TO I Spark Change, LLC., IMMEDIATELY, in accordance with our DMCA Policy, outlined here.
4. Additional User Restrictions Related to Our Intellectual Property and the Intellectual Property Rights of Others
5. Disclaimer of Warranties
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
I Spark Change, LLC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ALL WARRANTIES WHETHER ARISING OUT OF LAW, STATUTE, COURSE OF DEALING, TRADE USAGE, OR ANY OTHER RELATIONSHIP. WE MAKE NO WARRANTIES OF ANY KIND REGARDING OUR SITES OR INFORMATION FOUND ON OUR SITES. WE MAKE NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, FUNCTIONALITY, TIMELINESS, SPEED, OR ACCESSIBILITY OF ANY INFORMATION SUPPLIED WITHIN OR ON OUR SITES. WE DO NOT WARRANT THAT OUR SITES WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
6. Your Own Security
You are responsible for implementing sufficient procedures and security mechanisms to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to and separate from this Site to reconstruct any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any third-party website linked to it.
Some jurisdictions do not permit us to exclude warranties in these ways, so it is possible that these exclusions will not apply to our agreement with you. In such event, the exclusions shall apply to the fullest extent permitted under applicable law.
7. Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE I Spark Change, LLC., TOGETHER WITH ITS COMPANIES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AND REPRESENTATIVES, FROM ALL LIABILITY ASSOCIATED WITH YOUR USE OF OUR SITES.
You acknowledge that you are responsible for any actions you take while on our Sites. You recognize that your use of our Sites and any subsequent actions arising from your use of our Sites are taken solely at your own risk.
IN NO EVENT WILL I Spark Change, LLC. OUR COMPANIES, OUR DIRECTORS, OUR OFFICERS, OUR EMPLOYEES, OUR CONTRACTORS, OUR AGENTS, OR OUR REPRESENTATIVES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, OR UNDER ANY EQUITABLE THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Indemnification
You will indemnify, defend, and hold harmless I Spark Change, LLC., our companies, our licensors and affiliates, and our respective directors, officers, employees, contractors, agents, and representatives, from and against any and all claims, causes of action, demands, liabilities, losses, costs or expenses (including, but not limited to, reasonable attorneys’ fees and expenses) arising out of, in connection with, or resulting from:
For purposes of clarity, these indemnification obligations apply to your use of our Sites, along with your use of our Sites’ content and services, other than as expressly authorized in this Terms of Use, your use of any information obtained from our Sites, and any information you provide to our Sites.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Our Compliance with COPPA
THIS SITE IS NOT INTENDED FOR USERS WHO ARE YOUNGER THAN THIRTEEN (13) YEARS OF AGE. You can learn more about our compliance with the Children’s Online Privacy Protection Act (“COPPA”) by reviewing our Privacy Policy.
Moreover, If you are under 18 years of age, you should not provide any personally identifiable information on our Sites without the knowledge and permission of your parent or guardian.
10. Governing Law and Venue
This Terms of Use shall be construed, governed, and enforced under the laws of the United States and the State of Alabama (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Terms of Use, shall be in a federal or state court of competent jurisdiction located in Montgomery County, Montgomery, Texas. Each party to these terms waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
11. Severability and Waiver
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions will continue in full force and effect. No waiver by us of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision shall not constitute a waiver of such right or provision.
12. Changes to the Terms of Use
We will make changes to these Terms of Use from time to time. The date that these Terms of Use were last revised is identified at the top of the page. You are responsible for ensuring that you periodically visit our Sites and these Terms of Use to check for any changes.
13. Contact Us
To ask questions or comment about these Terms of Use, you may contact us at:
E-mail Address: [email protected]
Mailing Address:
Attention: Website Inquiry
I Spark Change
240 Lake Estates Dr.
Montgomery, TX 77356
14. Entire Agreement
These Terms of Use, along with the Privacy Policy, represent the entire understanding and complete agreement by and among you and I Spark Change, LLC..
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, AND YOU AGREE TO BE BOUND BY ALL APPLICABLE TERMS AND CONDITIONS.
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