Terms and Conditions

Introduction

“Sparkd”, “Sparkd Worlds” and “Sparkd Explorer” are trademarks owned by inGEM Tech LLC (hereafter “inGEM”) and are used to identify the products and services provided by inGEM (collectively “Sparkd Services” or “Services”). These Terms and Conditions shall govern your use of these Services. These Terms apply in full force and effect to your use of Sparkd Services and by using the Services, you expressly accept all terms and conditions contained herein in full. You must not use these Services, if you have any objection to any of these Terms And Conditions.

 

Children Under 13

Use or access by anyone under the age of thirteen (13) is permitted but the social features require acknowledgement by your Sponsor—such as parent(s) or legal guardian(s). We reserve the right to implement any type of verification, including your request to enter a credit card or other information to verify your identity, prior to permitting the creation of an account for a child under thirteen (13) years of age in compliance with the Children’s Online Privacy Protection Act (COPPA). Failure to do so will result in the immediate termination of your account.

 

Third-Party Links, Sites, and Services

Our Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by us. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from the Service, you do so at your own risk and you agree that we will have no liability arising from your use of or access to any third-party website, service, or content. Furthermore, any information you post, share or provide to such third-party will be governed by their respective privacy policies and terms of use.

 

Intellectual Property Rights

Other than content you own, which you may have opted to include on Sparkd Services, under these Terms, inGEM Tech LLC (“inGEM”) and/or its licensors own all rights to the intellectual property and material contained in these Services, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on Sparkd Services.

 

Restrictions

You are expressly and emphatically restricted from all of the following:

  • publishing any Sparkd Services material in any media;

  • selling, sublicensing and/or otherwise commercializing any Website material;

  • publicly performing and/or showing any Website material;

  • using the Services in any way that is, or may be, damaging to this Website;

  • using the Services in any way that impacts user access to this Website;

  • using the Services contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Services, or to any person or business entity;

  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to Sparkd Services, or while using Sparkd Services;

  • using the Services to engage in any advertising or marketing;

 

Certain areas of the Services are restricted from access by you, and inGEM may further restrict access by you to any areas of the Services, at any time, in its sole and absolute discretion. Any user ID and password you may have for the Services are confidential and you must maintain confidentiality of such information.

 

Sharing Your User Content and Information

The Services may allow you to post content, including videos, photos, graphics, sounds, audiovisuals, comments, and other materials. Anything that you post or otherwise make available on our Service, or that your child (if applicable) makes available on the Service, or that is posted on our social media sites is referred to as "User Content.” You retain all rights in, and are solely responsible for, the User Content you create and share through our Service. You further agree that the User Content you submit to the Service will not contain third party copyright protected material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant inGEM all of the license rights granted herein. Please see our Digital Millennium Copyright Act notice contained within the Policies.

 

License to Your User Content

You grant inGEM (and its successors and affiliates) a worldwide, irrevocable, permanent, nonexclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content in connection with the Service and inGEM’s (and its successors' and affiliates') business, including without limitation, for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels in perpetuity. We reserve the right to remove User Content for any reason including User Content that we believe violates these Terms or our policies. You specifically hereby grant each user of the Service a non-exclusive license to access your User Content through the Service and to use, reproduce, distribute, display and perform such Content as permitted through the functions of the Service. The above licenses are perpetual and irrevocable. You agree that all User Content shall comply with the Policies.

 

How Long Do We Keep Your Content?

Following submission of any User Content, we may retain your User Content for a commercially reasonable period of time for backup, archival, or audit purposes and for any other purposes granted to us under these Terms. Additionally, derivative works created with your User Content may continue to be used for inGEM’s business following the termination or deactivation of your account.

 

Copyright Policy

inGEM complies with the Digital Millennium Copyright Act. In the event that you feel a work of yours has been reposted or reused in violation of copyright law, please see our DMCA Notice contained in the Policies.

 

DMCA Terms

In accordance with the Digital Millennium Copyright Act (“DMCA”), inGEM will respond expeditiously to claims of copyright infringement committed using the Services that are reported to our Designated Copyright Agent, identified in the sample notice below.

 

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringement of your copyrights that are taking place on or through the Service by completing the following DMCA Notice of Alleged Infringement (“Notice”) and delivering it to our Designated Copyright Agent. Please see 17 USC 512(c)(3) for further details. Upon receipt of the Notice as described below, we will take all appropriate action, including, if appropriate, removal of the challenged material from the Service. The Notice must include the following: (1) identify the copyrighted work that you claim has been infringed; (2) identify (i) the material that you claim is infringing information reasonably sufficient to permit us to identify the material, and (ii) the reference or link, to the material or activity that you claim to be infringing; (3) provide your mailing address, telephone number, and, if available, email address; (4) include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." and "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." And (5) provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed to:

inGEM Tech LLC, Att. Designated Copyright Agent, P.O. Box 200758 Denver, CO 80220.

 

If any User Content posted by you has been removed under a DMCA Notice and you believe such materials were not infringing or that you had the authorization from the copyright owner or its agent or pursuant to the law to post and use the materials, you may send a counter-notice to the Designated Copyright Agent at the address above, which counter-notice shall contain the following information: (i) identification of the User Content that has been removed and the location at which the material appeared before it was removed, (ii) the following statement “I have a good faith believe that the User Content was removed or disabled as a result of mistake or misidentification of the User Content”, (iii) your name, address, telephone number and email address, your signature and the following statement “I consent to the Jurisdiction of the federal court in Denver, Colorado and I will accept service of process from the person who provided the original Notice that alleged infringement.” A copy of the counter-notice may be sent to the original complaining parting providing such complaining party 10 business days in which to respond or otherwise inGEM shall have the right to replace the removed User Content.

 

No warranties

This Website is provided “as is,” with all faults, and inGEM makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

 

Limitation of Liability

In no event shall inGEM, or any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Services, whether such liability is under contract, tort or otherwise, and inGEM , including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of the Services.

 

Indemnification

You hereby indemnify to the fullest extent inGEM from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

 

Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

 

Revision of Terms

inGEM is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of the Services.

 

Assignment

inGEM shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

 

Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between inGEM and you in relation to your use of the Services, and supersede all prior agreements and understandings with respect to the same.

 

Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Colorado, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Colorado for the resolution of any disputes.

Acceptable Use Policy

This Acceptable Use Policy is a part of and incorporated by reference into those certain Terms and Conditions of Service (the “Terms of Service”) governing the use of Sparkd Service. Capitalized terms used herein shall have the same meanings as set forth in the Terms.

 

You agree not to engage in any of the following prohibited activities:

  1. Use, display, mirror or frame the Service, any individual element within the Service, the Sparkd or Sparkd name, trademarks, logos or other proprietary information, or the layout and design of any page, without our express written consent;

  2. Access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;

  3. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by inGEM or any of our providers or any other third party (including another user) to protect the Services;

  4. To upload content to, or create new links, reposts, or referrals in the Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by inGEM or other generally available third party web browsers;

  5. Send any unsolicited or unauthorized spam and spam comments on posts, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;

  6. Use the Services for any commercial purpose or the benefit of any third party, except as otherwise explicitly permitted for you by inGEM;

  7. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;

  8. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;

  9. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  10. Impersonate or misrepresent your affiliation with any person or entity;

  11. Violate any applicable laws or regulations;

  12. Request, collect or store username, password, token or any other account authentication information from other users;

  13. Encourage or enable any other individual to do any of the activities prohibited in this Acceptable Use Policy or the Terms and Conditions; or

  14. Alter any component of the Services.

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