Responsibility for this page and its content rests with:
SPARK Marketing s.r.o.
Stefanikova 7
SK-81106, Bratislava
Represented by:
Ryan Orrock, Managing director
Company number: 44921195
International VAT ID: SK2022887405
International Banking Details
IBAN: SK53 0200 0000 0026 7075 6156
SWIFT: SUBASKBX
Terms and Conditions
SPARKMK.COM Copyright © 2008 SPARK Marketing Europe s.r.o.
All rights reserved.
In this Agreement, “We,” “Us,” and “Our” refer to
SPARK Marketing Europe s.r.o.; “You,” “Your,” and “Yourself” refer to
the entity utilizing the SPARKMK.com web
site; “Our Site” refers to the websites located at
the URLs: http://SPARKMK.com. SPARKMK.com
provides its service to You, subject to the following Terms of
Service (“TOS”). We may amend this Agreement at any time by
posting the amended terms on Our Site. The amendment shall automatically become
effective three (3) days after they are initially posted on
Our Site. In addition, when using particular
SPARKMK.com services, You shall be subject to any
posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into this TOS.
1. SERVICE DESCRIPTION
SPARKMK.com currently provides users with access to
our content, including a blogging system where public content
may be posted through its network (the
“System”). Unless explicitly stated otherwise, any new
features that enhance the current System, including the
release of new SPARKMK.com features, shall be
subject to the TOS. You understand and agree that the System
is provided “AS-IS,” and that SPARKMK.com assumes no
responsibility for the timeliness, deletion, miss-delivery or
failure to store any user communications or personalization
settings.
2. REGISTRATION OBLIGATIONS
In consideration of Your use of the System, You agree: (a)
that You are at least 13 years of age; (b) to provide true,
accurate, current and complete information about Yourself as
prompted by the forum registration form (this information will
comprise the “Database”); (c) to receive any
SPARKMK.com newsletters; and (d) to maintain and
promptly update the Database to keep it true, accurate,
current and complete. Non-compliance with any of these
obligations during the maintenance of Your account may result
in the suspension or termination of Your account, and may
result in the refusal of any and all current or future use of
the System, or any portion thereof at the sole discretion of
Us.
3. INTELLECTUAL PROPERTY INFRINGEMENT
As a condition for your use of our services offered and
defined by our System, you represent and warrant that your
registered domain name does not violate the intellectual
property rights of any third party. In the event you are found
to have breached your obligation pursuant to this section and
your domain name is using any of our services offered and
defined by our System, you agree to pay us liquidated damages
in the amount of 500.00 Euro per day per each instance of a
violation until remedied by you. You further agree that we may
demand at any time proof of any intellectual property
ownership or licensing, as the case may be, to ensure your
compliance with this section.
4. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
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 the country in which You
reside.
5. CONTENT SUBMITTED TO SPARKMK.com
You agree that SPARKMK.com and its designees have
the right to refuse or move any Content that is available
through the System. Additionally, SPARKMK.com and
its designees shall have the right to remove any Content that
violates the TOS 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 SPARKMK.com or submitted to
SPARKMK.com. You acknowledge and agree that We 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: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
SPARKMK.com, its users and the public. You
understand that the technical processing and transmission of
the System, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
6. PUBLIC CONTENT POSTED TO SPARKMK.com
(a) For purposes of the TOS, “publicly accessible areas of the
System” are those accessible by the general public. (b) With
respect to Content You elect to post for inclusion in publicly
accessible areas of SPARKMK.com or that consists of
photos or other graphics You elect to post to any other
publicly accessible area of the System, You grant
SPARKMK.com the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish
such Content on the System solely for the purpose of
displaying, distributing and promoting the specific
SPARKMK.com site to which such Content was
submitted, or, in the case of photos or graphics, solely for
the purpose for which such photo or graphic was submitted to
the System. This license exists only for as long as You elect
to continue to include such Content on the System and shall be
terminated at the time You delete such Content from the
System.
7. INDEMNITY
You agree to indemnify and hold SPARKMK.com, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorney’s fees, made by any
third party due to or arising out of Content You submit, post
to or transmit through the System, Your use of the System,
Your connection to the System, Your violation of the TOS, or
Your violation of any rights of another.
8. MODIFICATIONS TO SYSTEM
SPARKMK.com reserves the right at any time to modify
or discontinue, temporarily or permanently, the System, or any
part thereof with or without prior notice. You agree that
SPARKMK.com shall not be liable to You or to any
third party for any modification, suspension or discontinuance
of the System.
9. TERMINATION
You agree that SPARKMK.com may terminate Your
password, account, SPARKMK.com Site, use of the
System, or use of any other SPARKMK.com service, and
remove and discard any Content within the System, for any
reason, including, without limitation, for lack of use or if
SPARKMK.com believes that You have violated or acted
inconsistently with the provisions of the TOS.
SPARKMK.com may also, at any time, discontinue
providing the System, or any part thereof, with or without
prior notice. You agree that any termination of Your access to
the System under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that
SPARKMK.com may immediately deactivate or delete
Your account and SPARKMK.com Site and all related
information and files in Your account and
SPARKMK.com Site and/or bar any further access to
such files or the System. Further, You agree that
SPARKMK.com shall not be liable to You or any
third-party for any termination of Your access to the System.
10. DEALINGS WITH ADVERTISERS
SPARKMK.com runs advertisements and promotions on
SPARKMK.com Sites. The manner, mode and extent of
advertising by SPARKMK.com on SPARKMK.com
Site is subject to change. Your correspondence or business
dealings with, or participation in promotions of, advertisers
found on or through the System, 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
SPARKMK.com 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 System.
11. LINKS
The System may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because
SPARKMK.com has no control over such sites and
resources, You acknowledge and agree that
SPARKMK.com 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
SPARKMK.com 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. SPARKMK.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the System and any necessary
software used in connection with the System (“Software”)
contains 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 System or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by
SPARKMK.com or advertisers, You agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the System or the Software, in whole or in part.
SPARKMK.com 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 System. You agree not
to access the System by any means other than through the
interface that is provided by SPARKMK.com for use in
accessing the System.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. SPARKMK.com
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. B. SPARKMK.com MAKES
NO WARRANTY THAT (i) THE SYSTEM WILL MEET YOUR REQUIREMENTS,
(ii) THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SYSTEM WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SPARKMK.com OR THROUGH OR FROM THE SYSTEM SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPARKMK.com
SHALL NOT BE LIABLE FOR ANY DIRECT, 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 SPARKMK.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) 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 SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER
MATTER RELATING TO THE SYSTEM.
15. 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, SO THE ABOVE LIMITATIONS
PROVIDED IN SECTIONS 18 MAY NOT APPLY TO YOU.
16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
The System is provided for informational purposes only, and no
Content included in the System is intended for trading or
investing purposes. SPARKMK.com shall not be
responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the System,
and shall not be responsible or liable for any trading or
investment decisions made based on such information.
17. NOTICE
Notices to You may be made via either email or regular mail.
The System may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to You
generally on the System.
18. MODIFICATION
We may modify any of the terms and conditions contained in
this TOS at any time and in Our sole discretion. A change
notice will be posted on Our Site and shall be effective after
three (3) days after they are posted on Our Site.
19. GENERAL INFORMATION
This TOS constitutes the entire agreement between You and
SPARKMK.com and governs Your use of the System,
superseding any prior agreements between You and
SPARKMK.com. 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 TOS
and the relationship between You and SPARKMK.com
shall be governed by the laws of the United Kingdom without
regard to its conflict of law provisions. You and
SPARKMK.com agree to submit to the personal and
exclusive jurisdiction of the courts located in the Bratislava,
SLOVAKIA. The failure of SPARKMK.com to exercise or
enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be
invalid, the parties agree that the court should proceed to
give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS 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 System or the TOS must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
20. VIOLATIONS
Any violations of the TOS should be reported to Us immediately
via support ticket. In the event that You breach any of the
above provisions of this Agreement, You agree that We may
terminate Your use of Our System. In the event such a breach
occurs by You, We will post a page from Your domain name
stating that You have violated Our terms and conditions of
service.
Legal information
Responsibility for this page and its content rests with:
SPARK Marketing s.r.o.
Stefanikova 7
SK-81106, Bratislava
Represented by:
Ryan Orrock, Managing director
Company number: 44921195
International VAT ID: SK2022887405
International Banking Details
IBAN: SK53 0200 0000 0026 7075 6156
SWIFT: SUBASKBX
Terms and Conditions
SPARKMK.COM Copyright © 2008 SPARK Marketing Europe s.r.o.
All rights reserved.
In this Agreement, “We,” “Us,” and “Our” refer to
SPARK Marketing Europe s.r.o.; “You,” “Your,” and “Yourself” refer to
the entity utilizing the SPARKMK.com web
site; “Our Site” refers to the websites located at
the URLs: http://SPARKMK.com. SPARKMK.com
provides its service to You, subject to the following Terms of
Service (“TOS”). We may amend this Agreement at any time by
posting the amended terms on Our Site. The amendment shall automatically become
effective three (3) days after they are initially posted on
Our Site. In addition, when using particular
SPARKMK.com services, You shall be subject to any
posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into this TOS.
1. SERVICE DESCRIPTION
SPARKMK.com currently provides users with access to
our content, including a blogging system where public content
may be posted through its network (the
“System”). Unless explicitly stated otherwise, any new
features that enhance the current System, including the
release of new SPARKMK.com features, shall be
subject to the TOS. You understand and agree that the System
is provided “AS-IS,” and that SPARKMK.com assumes no
responsibility for the timeliness, deletion, miss-delivery or
failure to store any user communications or personalization
settings.
2. REGISTRATION OBLIGATIONS
In consideration of Your use of the System, You agree: (a)
that You are at least 13 years of age; (b) to provide true,
accurate, current and complete information about Yourself as
prompted by the forum registration form (this information will
comprise the “Database”); (c) to receive any
SPARKMK.com newsletters; and (d) to maintain and
promptly update the Database to keep it true, accurate,
current and complete. Non-compliance with any of these
obligations during the maintenance of Your account may result
in the suspension or termination of Your account, and may
result in the refusal of any and all current or future use of
the System, or any portion thereof at the sole discretion of
Us.
3. INTELLECTUAL PROPERTY INFRINGEMENT
As a condition for your use of our services offered and
defined by our System, you represent and warrant that your
registered domain name does not violate the intellectual
property rights of any third party. In the event you are found
to have breached your obligation pursuant to this section and
your domain name is using any of our services offered and
defined by our System, you agree to pay us liquidated damages
in the amount of 500.00 Euro per day per each instance of a
violation until remedied by you. You further agree that we may
demand at any time proof of any intellectual property
ownership or licensing, as the case may be, to ensure your
compliance with this section.
4. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE
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 the country in which You
reside.
5. CONTENT SUBMITTED TO SPARKMK.com
You agree that SPARKMK.com and its designees have
the right to refuse or move any Content that is available
through the System. Additionally, SPARKMK.com and
its designees shall have the right to remove any Content that
violates the TOS 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 SPARKMK.com or submitted to
SPARKMK.com. You acknowledge and agree that We 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: (a)
comply with legal process; (b) enforce the TOS; (c) respond to
claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of
SPARKMK.com, its users and the public. You
understand that the technical processing and transmission of
the System, including your Content, may involve (a)
transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting
networks or devices.
6. PUBLIC CONTENT POSTED TO SPARKMK.com
(a) For purposes of the TOS, “publicly accessible areas of the
System” are those accessible by the general public. (b) With
respect to Content You elect to post for inclusion in publicly
accessible areas of SPARKMK.com or that consists of
photos or other graphics You elect to post to any other
publicly accessible area of the System, You grant
SPARKMK.com the world-wide, royalty free and
non-exclusive license to reproduce, modify, adapt and publish
such Content on the System solely for the purpose of
displaying, distributing and promoting the specific
SPARKMK.com site to which such Content was
submitted, or, in the case of photos or graphics, solely for
the purpose for which such photo or graphic was submitted to
the System. This license exists only for as long as You elect
to continue to include such Content on the System and shall be
terminated at the time You delete such Content from the
System.
7. INDEMNITY
You agree to indemnify and hold SPARKMK.com, and its
subsidiaries, affiliates, officers, agents, co-branders or
other partners, and employees, harmless from any claim or
demand, including reasonable attorney’s fees, made by any
third party due to or arising out of Content You submit, post
to or transmit through the System, Your use of the System,
Your connection to the System, Your violation of the TOS, or
Your violation of any rights of another.
8. MODIFICATIONS TO SYSTEM
SPARKMK.com reserves the right at any time to modify
or discontinue, temporarily or permanently, the System, or any
part thereof with or without prior notice. You agree that
SPARKMK.com shall not be liable to You or to any
third party for any modification, suspension or discontinuance
of the System.
9. TERMINATION
You agree that SPARKMK.com may terminate Your
password, account, SPARKMK.com Site, use of the
System, or use of any other SPARKMK.com service, and
remove and discard any Content within the System, for any
reason, including, without limitation, for lack of use or if
SPARKMK.com believes that You have violated or acted
inconsistently with the provisions of the TOS.
SPARKMK.com may also, at any time, discontinue
providing the System, or any part thereof, with or without
prior notice. You agree that any termination of Your access to
the System under any provision of this TOS may be effected
without prior notice, and acknowledge and agree that
SPARKMK.com may immediately deactivate or delete
Your account and SPARKMK.com Site and all related
information and files in Your account and
SPARKMK.com Site and/or bar any further access to
such files or the System. Further, You agree that
SPARKMK.com shall not be liable to You or any
third-party for any termination of Your access to the System.
10. DEALINGS WITH ADVERTISERS
SPARKMK.com runs advertisements and promotions on
SPARKMK.com Sites. The manner, mode and extent of
advertising by SPARKMK.com on SPARKMK.com
Site is subject to change. Your correspondence or business
dealings with, or participation in promotions of, advertisers
found on or through the System, 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
SPARKMK.com 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 System.
11. LINKS
The System may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because
SPARKMK.com has no control over such sites and
resources, You acknowledge and agree that
SPARKMK.com 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
SPARKMK.com 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. SPARKMK.com’S PROPRIETARY RIGHTS
You acknowledge and agree that the System and any necessary
software used in connection with the System (“Software”)
contains 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 System or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights
and laws. Except as expressly authorized by
SPARKMK.com or advertisers, You agree not to modify,
rent, lease, loan, sell, distribute or create derivative works
based on the System or the Software, in whole or in part.
SPARKMK.com 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 System. You agree not
to access the System by any means other than through the
interface that is provided by SPARKMK.com for use in
accessing the System.
13. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: A. YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. SPARKMK.com
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. B. SPARKMK.com MAKES
NO WARRANTY THAT (i) THE SYSTEM WILL MEET YOUR REQUIREMENTS,
(ii) THE SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR
ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE
USE OF THE SYSTEM WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SYSTEM WILL
MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE
WILL BE CORRECTED. C. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE SYSTEM IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. D. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
SPARKMK.com OR THROUGH OR FROM THE SYSTEM SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
14. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT SPARKMK.com
SHALL NOT BE LIABLE FOR ANY DIRECT, 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 SPARKMK.com HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SYSTEM; (ii) 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 SYSTEM; (iii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SYSTEM; OR (v) ANY OTHER
MATTER RELATING TO THE SYSTEM.
15. 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, SO THE ABOVE LIMITATIONS
PROVIDED IN SECTIONS 18 MAY NOT APPLY TO YOU.
16. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
The System is provided for informational purposes only, and no
Content included in the System is intended for trading or
investing purposes. SPARKMK.com shall not be
responsible or liable for the accuracy, usefulness or
availability of any information transmitted via the System,
and shall not be responsible or liable for any trading or
investment decisions made based on such information.
17. NOTICE
Notices to You may be made via either email or regular mail.
The System may also provide notices of changes to the TOS or
other matters by displaying notices or links to notices to You
generally on the System.
18. MODIFICATION
We may modify any of the terms and conditions contained in
this TOS at any time and in Our sole discretion. A change
notice will be posted on Our Site and shall be effective after
three (3) days after they are posted on Our Site.
19. GENERAL INFORMATION
This TOS constitutes the entire agreement between You and
SPARKMK.com and governs Your use of the System,
superseding any prior agreements between You and
SPARKMK.com. 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 TOS
and the relationship between You and SPARKMK.com
shall be governed by the laws of the United Kingdom without
regard to its conflict of law provisions. You and
SPARKMK.com agree to submit to the personal and
exclusive jurisdiction of the courts located in the Bratislava,
SLOVAKIA. The failure of SPARKMK.com to exercise or
enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be
invalid, the parties agree that the court should proceed to
give effect to the parties’ intentions as reflected in the
provision, and the other provisions of the TOS 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 System or the TOS must be filed
within one (1) year after such claim or cause of action arose
or be forever barred.
20. VIOLATIONS
Any violations of the TOS should be reported to Us immediately
via support ticket. In the event that You breach any of the
above provisions of this Agreement, You agree that We may
terminate Your use of Our System. In the event such a breach
occurs by You, We will post a page from Your domain name
stating that You have violated Our terms and conditions of
service.