Terms & Conditions
These Terms are the terms upon which we grant you access to and use of our proprietary services (the "Service") through the Site. By clicking "I Agree" or by accessing or otherwise using the Service, you agree to these Terms. If you do not agree to these Terms, do not access or use the Service. We may change these Terms from time to time without notice and with immediate effect by posting the new version on our Site. Your use of any the Service after the effective date of such changes constitutes your acceptance of any such changes on a going forward basis.
- Use of the Site; Limited License to use the Service
The information and materials on the Site are for general informational purposes and use of the Service. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose. You may not copy or modify the Site or the Service for any purpose, reverse engineer, decompile, modify, translate, disassemble or discover the source code for all or any portion of the Site or the Service, or distribute, disclose, market, rent, lease or otherwise transfer the Site or the Service to any other person or entity. We reserve the right, in our sole discretion, to modify, discontinue or terminate the Site or any Service at any time and without prior notice.
Subject to your compliance with the Terms, Purespark hereby grants you a limited, personal, non-exclusive, non-transferable, license to use the Site to access the Service solely for your own personal purposes. Except for the licenses and rights expressly granted under these Terms, no licenses or rights are granted by Purespark to user hereunder, by implication, estoppel or otherwise. Purespark reserves all rights to such other licenses and rights.
- User Submitted Content
Users that are providers and pay a subscription fee, may communicate with other users that are providers and pay a subscription fee about certain matters via the messaging function of the Service. The Service may also generate emails for outside individuals in a user’s group, but who are not users of the Service. Purespark may observe anonymized user sessions to assess user behavior, but all User Content will be redacted.
The Service may include interactive features that allow users to submit content to the Site. Purespark does not and cannot review all such content, and is not responsible for such content. You acknowledge that by providing the ability to view and distribute your user-generated content on the Site, Purespark is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. Notwithstanding the above, Purespark reserves the right to block or remove communications or materials that it determines to be unacceptable to Purespark in its sole discretion. Users not paying a subscription fee will be subject to 5GB limit.
Harassment in any manner or form on the Site, including via e-mail, chat, or by use of obscene or abusive language, or posting any obscene or abusive images or text, is strictly forbidden. Impersonation of others, including a Purespark employee, host, or representative, or other users on the Site, is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.
- Notice; Electronic Communications
When you use the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
THE SITE AND ITS RESPECTIVE CONTENT, MATERIALS, SERVICE AND PRODUCTS ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PURESPARK HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Purespark does not represent or warrant that the Service or access to the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. Purespark does not make any warranties or representations regarding the use of the materials and Service provided via the Site. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Purespark, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site or the Service using your account and/or credentials.
- Limitations of Liability
YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR OWN RISK. NEITHER PURESPARK, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR THE SERVICE, OR THE RELATED CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
- Third-Party Links
- Trademarks and Copyright
The following trademarks are our property: Purespark™. These marks may not be used without our consent on any product or service, except our own. Copyright © 2020, Purespark LLC ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Purespark or its content suppliers and protected by United States and international copyright laws. All software used on the Site is the property of Purespark or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
- Export Control
Software and other materials downloaded or otherwise made available from the Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories.
Purespark does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Control Laws.
- Governing Law and Jurisdiction
These Terms, and your use of the Site and the Service, are governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law provisions. The courts of general jurisdiction located within Boston, Massachusetts, will have exclusive jurisdiction over any and all disputes arising out of, or relating to these Terms, the Site and/or the Service.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. Purespark may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Term and Termination
Your access to the Site and the Service shall begin on the date you register for the Service and shall continue until terminated as set forth herein. Purespark may terminate your use of the Service at any time. You may terminate your use of the Service at any time by cancelling your account for the Service. Upon any such termination, your license rights shall promptly cease, and you shall promptly cease all use of the Service. Unless Purespark terminates your use for convenience (and not due to your breach of these Terms or as otherwise allowable by these Terms), you shall not be owed any credit or refund of pre-paid amounts, or a waiver of agreed upon subscription fees.
- Entire Agreement
These Terms constitute the entire and exclusive understanding and agreement between Purespark and you regarding the Site and the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Purespark and you regarding the Site and the Service.
- Questions and Feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to firstname.lastname@example.org.