Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by SPRK Business Services Inc. ("SPRK") unless otherwise indicated.
ACCEPTANCE OF TERMS
DESCRIPTION OF SERVICES
Through its network of Web properties, SPRK Business Services Inc. provides you with access to a variety of resources, including developer tools, download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO SOFTWARE AVAILABLE ON THIS WEB SITE
Any software that is made available to download from the Services ("Software") is the copyrighted work of SPRK Business Services Inc. and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, SPRK BUSINESS SERVICES INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, SPRK BUSINESS SERVICES INC. MAY MAKE AVAILABLE AS PART OF THE SERVICES OR IN ITS SOFTWARE PRODUCTS, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. SPRK BUSINESS SERVICES INC. DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SERVICES OR IN SPRK BUSINESS SERVICES INC. SOFTWARE PRODUCTS.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Documents specified above do not include the design or layout of the www.sprkserv.com website or any other SPRK Business Services Inc. owned, operated, licensed or controlled site. Elements of SPRK Business Services Inc. websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SPRK Business Services Inc. website may be copied or retransmitted unless expressly permitted by SPRK Business Services Inc..
SPRK BUSINESS SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPRK BUSINESS SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SPRK BUSINESS SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPRK BUSINESS SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE. IN NO EVENT SHALL SPRK BUSINESS SERVICES INC. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SPRK Business Services Inc. immediately of any unauthorized use of your account or any other breach of security. SPRK Business Services Inc. will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by SPRK Business Services Inc. or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any SPRK Business Services Inc. server, or the network(s) connected to any SPRK Business Services Inc. server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any SPRK Business Services Inc. server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (each a "Communication Service" and collectively "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
SPRK Business Services Inc. has no obligation to monitor the Communication Services. However, SPRK Business Services Inc. reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. SPRK Business Services Inc. reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
SPRK Business Services Inc. reserves the right at all times to disclose any information as SPRK Business Services Inc. deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SPRK Business Services Inc.' sole discretion.
Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. SPRK Business Services Inc. does not control or endorse the content, messages or information found in any Communication Services and, therefore, SPRK Business Services Inc. specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized SPRK Business Services Inc. spokespersons, and their views do not necessarily reflect those of SPRK Business Services Inc.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO SPRK BUSINESS SERVICES INC. OR POSTED AT ANY OF OUR WEBSITE
SPRK Business Services Inc. does not claim ownership of the materials you provide to SPRK Business Services Inc. (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting SPRK Business Services Inc., its affiliated companies and necessary sub licensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all SPRK Business Services Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. SPRK Business Services Inc. is under no obligation to post or use any Submission you may provide and SPRK Business Services Inc. may remove any Submission at any time in its sole discretion.
LINKS TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE SPRK BUSINESS SERVICES INC.' SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF SPRK BUSINESS SERVICES INC. AND SPRK BUSINESS SERVICES INC. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SPRK BUSINESS SERVICES INC. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SPRK BUSINESS SERVICES INC. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SPRK BUSINESS SERVICES INC. OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY
SPRK BUSINESS SERVICES INC. OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN SPRK BUSINESS SERVICES INC.' PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO SPRK BUSINESS SERVICES INC. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO SPRK BUSINESS SERVICES INC. OR ANYONE AT SPRK BUSINESS SERVICES INC. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT SPRK BUSINESS SERVICES INC. MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
PERMISSION TO USE INFORMATION ON THIS WEBSITE
Permission to use/copy Documents (such as Annual Reports, periodic reports, filings, press releases, datasheets, business literature, papers and FAQs) from this Website is granted, provided that (1) the above copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.
NO PERMISSION WILL BE GRANTED FOR THE FOLLOWING INFORMATION ON THIS WEBSITE
The Permission to use/copy the Documents specified above does not extend to the design or layout of the www.sprkserv.com website or any other SPRK Business Services Inc. owned, operated, licensed or controlled site. Elements of SPRK Business Services Inc. websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any SPRK Business Services Inc. website may be copied or retransmitted unless expressly permitted by SPRK Business Services Inc..
"SPRK", "Possibilities. Elevated" are trademarks or registered trademarks of SPRK Business Services Inc. The names of actual companies and products/services mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
SPRK Business Services Inc. is committed to protecting your privacy. You can visit most pages on our site without giving us any information about yourself. But sometimes we do need information to provide services that you request, and this privacy statement explains data collection and use in those situations. This privacy statement only applies to this site; it does not apply to other online or offline sites, products or services. Please read our complete privacy statement.
Collection of your Personal Information
We will ask you when we need information that personally identifies you (personal information) or allows us to contact you. Generally, this information is requested when you are registering before entering a contest, ordering e-mail newsletters, joining a limited-access premium site, signing up for an event or training, or when purchasing and/or registering our products. Personal information collected by SPRK Business Services Inc. often is limited to name, e-mail address, language, country or location, but may include other information when needed to provide a service you requested.
For example: If you choose a service or transaction that requires payment, such as making a purchase, we will request personal information necessary for billing and/or shipping, such as: name, address, telephone number, and credit card number.
When you buy and install a new product, we may ask you to register your purchase electronically. We keep this registration information on file with any information you've already given us on previous visits to our Web site. www.sprkserv.com also collects certain information about your computer hardware and software. This information may include: your IP address, browser type, operating system, domain name, access times and referring Web site addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the site.
www.sprkserv.com also collects information about which pages our customers visit within the site. Only a unique ID number identifies this site visit data, and it is never linked with personal information unless a user consents as described below.
We use your personal information for the following purposes:
To ensure our site is relevant to your needs.
To deliver services, such as newsletters, events, training or software that you request or purchase.
To help us create and publish content most relevant to you.
To alert you to product upgrades, special offers, updated information and other new services from SPRK Business Services Inc., if you so request.
To allow you access to limited-entry areas of our site as appropriate.
We may merge site-visitation data with anonymous demographic information for research purposes, and we may use this information in aggregate to provide more relevant content. In some limited-entry sections of the site, we will combine site-visitation data with your personal information in order to provide you with personalized content.
We occasionally hire other companies to provide limited services on our behalf, including packaging, mailing and delivering purchases, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the service, and they are prohibited from using that information for any other purpose.
SPRK Business Services Inc. may disclose your personal information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on SPRK Business Services Inc. or the site; (b) protect and defend the rights or property of SPRK Business Services Inc. and its family of Web sites, or (c) act in urgent circumstances to protect the personal safety of SPRK Business Services Inc. employees, users of our products or services, or members of the public.
Your information may be stored and processed in India or any other country in which SPRK Business Services Inc. or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country.
Control of your Personal Information
When you register, or otherwise give us personal information, sprkserv.com will not share that information with third parties without your permission, other than for the limited exceptions already listed. It will only be used for the purposes stated above.
www.sprkserv.com may send out periodic e-mail's informing you of technical service or security issues related to a product or service you requested, or confirming you requested a product or service.
Access to your Personal Information
We will provide you with the means to ensure that your personal information is correct and current.
Security of your Personal Information
www.sprkserv.com is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use or disclosure. For example, we store the personal information you provide in computer servers with limited access that are located in controlled facilities. When we transmit sensitive information (such as a credit card number) over the Internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol.
Protection of Children's Personal Information
www.sprkserv.com is a general audience site and does not knowingly collect any personal information from children.