Simple Spark

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Terms of Service

1. Acceptance Of Terms

Simple Spark, Inc. ("Simple Spark") provides any services which it may offer you from time to time (collectively, the "Service") subject to the following Terms of Service ("Terms"), which Simple Spark may periodically update in its sole discretion, with or without notice. Your use of the Service following the posting of any revised version of these Terms at http://www.simplespark.com/terms constitutes your agreement to be bound by such revised version. We therefore encourage you to review http://www.simplespark.com/terms frequently. Your use of the Service constitutes acceptance of these Terms and creates a binding legal agreement, so please read them carefully.

Note that you must be 13 years or older to use the Service.

2. Description Of Service

Simple Spark provides users with a secure and private environment to store, download, share, and print contact information. You also understand and agree that the Service may include certain communications from Simple Spark, such as service announcements, and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS IS" and that Simple Spark assumes no responsibility for the timeliness, deletion, failure to deliver information, or failure to store information. As such, Simple Spark cannot warrant or guaranty the successful transmission of any Content using the Service.

You must provide and are solely responsible for all equipment necessary to access the Service.

3. Modifications and Terminations To Service

Simple Spark reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. Simple Spark further reserves the right to terminate your particular Simple Spark account and your access to the Service at any time and for any reason. Without limiting the foregoing, your right to use the Service will terminate automatically if you violate these Terms. You agree that Simple Spark shall not be liable to you or to any third party for any general modification, suspension or discontinuance of the Service, nor for any termination of your particular Simple Spark account or your access to the Service.

4. Your Registration Obligations

In consideration of your use of the Service, you agree to:

1. provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and
2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Simple Spark has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Simple Spark has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Simple Spark is concerned about the safety and privacy of all its users. Please remember that the Service is designed to appeal to a broad audience. Accordingly, it is your responsibility to determine whether any of the Services and/or Content is appropriate for you.

5. Privacy

Collected data about you is subject to Simple Spark's Privacy Statement. The terms of the Privacy Statement are considered part of these Terms. You can review the most current version of the Privacy Statement at: http://www.simplespark.com/privacy.

6. Security

You will receive a username and password, as selected by you, upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the username and password, and are fully responsible for all activities that occur under your account. You agree to:

1. immediately notify Simple Spark of any unauthorized use of your username or password, or any other breach of security, and
2. ensure that you log out from your account at the end of each session. Simple Spark cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

7. Use And Storage

You acknowledge that Simple Spark may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that contact information or other downloaded Content will be retained by the Service, the maximum disk space that will be allotted on Simple Spark's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Simple Spark has no responsibility or liability for the deletion or failure to store any contact information and other communications or other Content maintained or transmitted by the Service. You acknowledge that Simple Spark reserves the right to disable accounts that are inactive for an extended period of time. You further acknowledge that Simple Spark reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

8. Member Conduct

You understand that all information collected ("Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not Simple Spark, are entirely responsible for all Content that you save, download, transmit or otherwise make available via the Service. Simple Spark does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Simple Spark be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

1. download, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a Simple Spark official, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
5. download, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
6. download, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
7. download, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
8. download, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or telephone handset equipment;
9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
10. intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law; or
11. "stalk" or otherwise harass another.

You acknowledge that Simple Spark does not pre-screen Content, but that Simple Spark shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Simple Spark have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Simple Spark or submitted to Simple Spark.

You acknowledge and agree that Simple Spark may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce these Terms;
3. respond to claims that any Content violates the rights of third-parties; or
4. protect the rights, property, or personal safety of Simple Spark, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve

1. transmissions over various networks; and
2. changes to conform and adapt to technical requirements of connecting networks or devices.

9. Special Admonitions For International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

10. No Resale Of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. Advertisers And Other Sites

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Simple Spark shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Simple Spark has no control over such sites and resources, you acknowledge and agree that Simple Spark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Simple Spark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

12. Notice

Simple Spark may notify you about changes to the Terms or other matters via an email message to the address specified in your Simple Spark account, by displaying a notice or links to notices on our site, or via an SMS message to the phone number specified in your Simple Spark account.

13. Simple Spark's Proprietary Rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Simple Spark or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

Use of certain items of Software may be subject to your agreement to the terms of a separate agreement with respect to such item of Software. The terms of any such separate agreement are in addition to these Terms and to the extent that the terms of any such separate agreement conflict with these Terms, the terms of such separate agreement shall govern.

To the extent that any item of Software provided by Simple Spark to you is not subject to the terms of a separate agreement, Simple Spark grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Simple Spark for use in accessing the Service.

14. Trademark Information

Simple Spark, the Simple Spark logo, Simple Spark in Chinese characters, and My Simple Spark trademarks and service marks, and other Simple Spark logos and product and service names are trademarks of Simple Spark, Inc. (the "Simple Spark Marks"). Without Simple Spark's prior permission, you agree not to display or use in any manner, the Simple Spark Marks.

15. Disclaimer Of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Simple Spark EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Simple Spark MAKES NO WARRANTY THAT
   1. THE SERVICE WILL MEET YOUR REQUIREMENTS,
   2. THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
   3. THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
   4. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
   5. ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Simple Spark OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation Of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Simple Spark SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Simple Spark HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SERVICE;
2. THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
3. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
5. ANY OTHER MATTER RELATING TO THE SERVICE.

Without limiting the generality of the foregoing, in no event shall Simple Spark aggregate liability to you relating to, arising out of or in connection with the Service exceed the sum of one hundred United States dollars (US$100). By using the Service, you expressly agree that the limitations on Simple Spark's liability contained in these Terms are reasonable and constitute a material inducement to Simple Spark providing the Service, without which Simple Spark would not provide the Service.

17. Indemnity

You agree to indemnify and hold Simple Spark, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you download, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of another.

18. Exclusions And Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

19. General Information

The Terms constitutes the entire agreement between you and Simple Spark and govern your use of the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Simple Spark shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and Simple Spark agree to submit to the personal and exclusive jurisdiction of the courts located within King County, Washington. The failure of Simple Spark to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the Terms are for convenience only and have no legal or contractual effect.

20. Questions And Suggestions

If you have questions, suggestions or need to report violations of the Terms, please contact us at:

help@simplespark.com
Web: simplespark.com