Terms of use

 
 
 

Last Updated: November 1, 2018

Welcome to The Seventh Spark Company’s (“Seventh Spark” or “we” or “us”) website hosted at www.seventhspark.com (“Website” or “site”).  Please review the following Terms of Use governing your use and access to the Website (including any software and tools, product support pages, product information and services provided on the Website) and any other affiliate websites or applications owned and operated by Seventh Spark (collectively the “Service”). By accessing, using, subscribing, purchasing or downloading any materials or content from the Service, you agree to follow and be bound by the following terms and conditions (the “Terms of Use”) and any other terms and conditions embodied any other agreements you enter into with us. If you do not agree with the Terms of Use, you may not use the Service.

Read our Privacy Policy

For information about our data practices, please see our Privacy Policy.  By accessing or using the Site, you agree that we can collect and use your information in accordance with the Privacy Policy.  

General Provisions

Seventh Spark provides you (or the relevant organization or business entity whom you represent) with a mobile-first software platform designed to develop and launch mobile apps with the capability of supporting a variety of content (e.g., video, live-streaming, editorial, music, and other forms of media), social community functionality (e.g., messaging, chat groups), and payment processing.

Content and Accuracy of Information:  We attempt to ensure that information on this Service is complete, accurate and current.  Despite our efforts, the information on this Service may be inaccurate, incomplete or out of date.  We make no representation as to the completeness, accuracy or correctness of any information on this Service.  

Use of Service Content: All materials provided by the Service, including, but not limited to, software, tools, information, images, graphics, logos, sounds, compilations, content and services ("Materials" or “Content”) are protected by and subject to copyright, trademark, patent, trade secret and other laws and are owned or controlled by Seventh Spark, or their respective partners, vendors, licensors, agents and/or representatives (whether or not such persons are credited as the provider of the Content).  Seventh Spark reserves all rights in and to the Content not expressly granted to you hereunder. You shall have no rights to the Materials and you shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.

None of the Content may be modified, copied, stored, printed, reproduced, distributed, republished, hosted, performed, downloaded, displayed, posted, reposted, transmitted and/or otherwise used in any form or by any means, including but not limited to electronic, mechanical, recording, or other means, without the prior express written permission of Seventh Spark.  Also, you may not "mirror" or “archive” any Content contained on the Service on any other server without Seventh Spark’s prior express written permission.

You may not sublicense, assign or transfer any licenses granted by Seventh Spark, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content.

Except where expressly provided otherwise by Seventh Spark, nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of Seventh Spark’s intellectual property rights, whether by estoppel, implication, or otherwise.  

Any unauthorized use of any Materials contained on the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.  It is the users’ obligation to comply with all applicable state, federal and international laws.  Users are responsible for maintaining the confidentiality of their account information and password and for restricting access to such information and to their computer.  Users agree to accept responsibility for all activities that occur under your account or password.

Termination: Subject to any applicable, separate agreement you (or the relevant organization or business entity whom you represent) have with Seventh Spark, you or we may suspend or terminate your account or your use of this Service at any time, for any reason or for no reason.  We reserve the right to change, suspend, or discontinue all or any aspect of this Service at any time without notice. 

Eligibility Requirements

Age: Seventh Spark is available only to, and may only be used by, individuals who are 18 years of age and older, and who can form legally binding contracts under applicable law.  We may, in our sole discretion, refuse to offer access to or use of the Service to any person or entity and change the eligibility criteria at any time.    

Authority: If you are registering as a business entity, university, or organization, you personally guarantee that you have the authority to bind the entity you are acting on behalf of to this Agreement.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Seventh Spark of any unauthorized use of your password or any breach of security. You also agree that we cannot and will not be liable for any loss or damage arising from your failure to keep your password secure.  You agree not to provide your username and password information in combination to any other party other than Seventh Spark without our express written permission.

Account Information: You must keep your account information, including a valid email address, up-to-date and accurate and up to date at all times.  You may update your account information at [INSERT URL OR HYPERLINK].

Account Transfer:  The access rights granted to you under this Agreement are non-transferable without our express written permission. You may not assign or otherwise transfer this Agreement to anyone, including any parent, subsidiaries, affiliated entities or third parties, without our prior written consent, which may be withheld in our reasonable discretion.  Any attempted assignment or other transfer without such consent shall be void, and any such attempt shall be deemed to be a breach of this Agreement.  All of our rights and obligations under this Agreement are freely assignable by Seventh Spark. As used herein, the terms “assignment” and “transfer” shall include (a) any sale or transfer of all or substantially all of your assets, (b) a merger, consolidation or reorganization, and (c) a change in ownership.

Right to Refuse Service: We reserve the right, in our sole discretion, to cancel unconfirmed or inactive accounts. Further, we reserve the right to refuse service to anyone, for any reason, at any time.

Compliance: You agree to abide by our policies as stated in this Agreement and the policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Seventh Spark, each of which is incorporated herein by reference and each of which may be updated by Seventh Spark from time to time without notice to you.

LINKS TO THIRD PARTY SITES

The website or application may contain links or have references to websites controlled by parties other than Seventh Spark.  Seventh Spark is not responsible for and does not endorse or accept any responsibility for the contents or use of these third-party websites.  Seventh Spark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Seventh Spark of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by Seventh Spark.  It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

LIMITATION OF LIABILITY

IN NO EVENT SHALL Seventh Spark OR ANY THIRD PARTY SERVICE PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THESE TERMS, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE SERVICE including but not limited to the downloading of any materials, software, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF USER’S BREACH, OR RELATED TO ITS INDEMNITY OBLIGATIONS. 

DISCLAIMER OF WARRANTIES

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SEVENTH SPARK, THE SERVICE AND MATERIALS ASSOCIATED THEREWITH ARE PROVIDED "AS IS," AND ARE FOR USE AS CONTRACTED HEREIN.  EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED VIA SEPARATE AGREEMENT, SEVENTH SPARK AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SERVICE AND ANY MATERIALS, GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. SEVENTH SPARK AND ITS THIRD-PARTY PROVIDERS MAKE NO REPRESENTATIONS, GUARANTIES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICE AND/OR MATERIALS ASSOCIATED WITH THE SERVICE, OR THE RESULTS YOU MAY OBTAIN BY accessing or USING THE SERVICE AND/OR MATERIALS ASSOCIATED THEREWITH.  WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SEVENTH SPARK AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT (A) THE OPERATION OR USE OF THE WEBSITE OR MATERIALS WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS; OR (C) THE GOODS, SERVICES, MATERIALS, OR THE SYSTEMS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT NEITHER SEVENTH SPARK NOR ITS THIRD-PARTY SERVICE PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE WEBSITE AND SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. SEVENTH SPARK IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY SEVENTH SPARK, THE WEBSITE AND THE GOODS, SERVICES AND/OR MATERIALS ASSOCIATED THEREWITH ARE PROVIDED TO YOU ON AN "AS IS" BASIS.  SEVENTH SPARK EXPRESSLY DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF GOODS AND/OR SERVICES AND THE PERSONS OR BUSINESSES REFERENCED VIA THE SERVICE.  YOU USE THIRD PARTY SERVICE PROVIDERS AND AFFILIATED GOODS OR SERVICES AT YOUR PERIL AND ASSUME ALL RISKS RELATED TO USE OF SAID THIRD PARTY SERVICE PROVIDERS AND THEIR GOODS OR SERVICES.

YOUR RESPONSIBILITIES

Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Seventh Spark controls and operates the Service associated therewith.  

SUBMISSIONS

Except where expressly provided otherwise by Seventh Spark, all comments, feedback, information and data submitted to Seventh Spark through, in association with or in regard to the Service ("Submissions") shall be considered non-confidential and non-proprietary.  Except as expressly enumerated in the preceding sentence, by providing such Submissions to Seventh Spark, you agree to assign to Seventh Spark, as consideration in exchange for the use of the Service, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions without payment of fee or royalty.  You represent that you have the right to grant Seventh Spark these rights.  Seventh Spark shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose.  You acknowledge that you are responsible for the Submissions that you provide, and that you, not Seventh Spark, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.  

NOTICES

Seventh Spark may give notice by means of a general notice on the website, app, or by electronic mail to your e-mail address on record in Seventh Spark’s account information.  All notices shall be deemed to have been given four days after mailing or 36 hours after sending by email or posting to the Website. 

Furthermore, Seventh Spark complies with the Digital Millennium Copyright Act (“DMCA”).  Any notices given pursuant to the DMCA shall be given to the Seventh Spark designated agent via email at [INSERT EMAIL ADDRESS] or via registered US mail sent return receipt to: DMCA Compliance Agent, The Seventh Spark Company, 777 S. Alameda Street, Second Floor, Los Angeles, CA 90021.

You may give notice to SEVENTH SPARK at any time by letter sent by registered mail with return receipt to: The Seventh Spark Company, 777 S. Alameda Street, Second Floor, Los Angeles, CA 90021.

Governing Law & Exclusive Venue

Use of the Service and any claim relating to Seventh Spark shall be governed by the laws of the State of California and litigated in the State of California.  Any disputes, actions, claims or causes of action arising out of or in connection with these Terms of Use or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in the County of Los Angeles, California. The choice of law of and exclusive venue in California apply to you regardless of where you are accessing the Website from even if you are accessing the Website from outside of the United States of America.  

The Terms of Use (together with the Privacy Policy) represent the parties' entire understanding relating to the use of the Website and supersedes any prior or contemporaneous, conflicting or additional, communications. Seventh Spark reserves the right to change these Terms of Use or policies relating to the Service at any time and from time to time, and such changes will be effective upon being posted herein.  You should visit this page from time to time to review the then current Terms of Use because they are binding on you.  Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of the Website, which may be posted from time to time.  Your continued use of the Service after any such changes and/or postings shall constitute your consent to such changes. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. 

You may not assign these Terms of Use without the prior written approval of Seventh Spark.  Any purported assignment in violation of this section shall be void.   Seventh Spark reserves the right to use third party providers in the provision of the Service and/or Materials associated therewith.  In the event of any litigation of any controversy or dispute arising out of or in connection with these Terms of Use, its interpretation, its performance, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court costs, and reasonable costs for expert and other witnesses attributable to the prosecution or defense of that controversy or dispute.  Any and all rights not expressly granted herein are reserved by Seventh Spark.

If you have any questions regarding the Terms or wish to contact us for any matters:

The Seventh Spark Company

777 S. Alameda Street, Second Floor

Los Angeles, CA 90021

support@seventhspark.com