SparkaTale Website Terms of Service
Last Updated July 01, 2013
Welcome to SparkaTale!
The SparkaTale.com website (the SparkaTale Website or the Website) is an online literary forum that allows you to share, review and promote your writing. Before you start using the Website, please take a few minutes to read the following so that you understand the rules.
1. Your Agreement
- You must be at least 13 years old to register with or submit your writing to the Website.
- From time to time, we may offer contests or other special promotions (each, a Special Promotion). Special Promotions may be governed by additional terms and conditions. By participating in a Special Promotion, you agree to be bound by the terms and conditions of the Special Promotion, in addition to this Agreement.
- References to SparkaTale, we or us in these Terms of Service refer to SparkaTale.com.
- You do not need to sign up for a user account (an Account) in order to access the parts of the Website that are available to the general public. However, some parts of the Website are restricted to users with Accounts. In order to access those parts of the Website, you will have to create an Account.
- By creating an Account you are representing that (a) all registration information you submit is truthful and accurate and (b) you are at least 13 years old.
- Your Account is personal to you. You are solely responsible for the activity that occurs on your Account, so you should keep your Account password secure. Please notify SparkaTale immediately of any unauthorized use of your Account. You are not allowed to use any other user's Account.
- SparkaTale is under no obligation to provide any individual an Account, and may accept or reject any registration in its sole and complete discretion. In addition, SparkaTale reserves the right to terminate any Account, to take down your profile, and/or to remove any content you post for any reason in SparkaTale's sole discretion.
3. General Rules
- You must abide by the following rules and regulations when you use the Website:
- You agree not to use the Website to collect or use any personally-identifiable information regarding Website users.
- You may access the Website's content only through conventional access to the Website itself, and not through any automated means (e.g., spiders). (However, operators of public search engines are permitted to use spiders to copy materials from the Website for as necessary for creating publicly available searchable indices of the materials.)
- You agree not to use the Website in any manner that interferes with, disrupts or creates an undue burden on the Website or the networks or services that support the Website.
- You agree not to use the Website in order to harass, abuse, stalk, or harm another person.
- Don't spam or use the Website to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, website, or company; or engaging in any pyramid or other multi-tiered marketing scheme.
- You will not access or use the Website to collect any market research for a competing business.
- You must use the Website strictly in compliance with all applicable laws and regulations.
- SparkaTale reserves the right to investigate and take appropriate action against anyone who in believes may be violating any of these provisions, or any other provisions of this Agreement, including by reporting that person to law enforcement authorities.
- If you register for an Account, you will be able to submit stories and other writings, which may include multimedia such as videos and photographs, that you have created for posting on the Website (the Publications).
- By submitting any Publication to us, you represent that (1) the Publication is your original work of authorship and (2) the Publication complies with SparkaTale's Content Policy which is described below. You are solely responsible for your own Publications and the consequences of posting them on the Website.
- You expressly acknowledge and agree that once you submit your Content for posting on the Website, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Content, including, without limitation, any personally identifying information that you may make available online. However, if the Website provides you with the option of limiting the sharing of a particular piece of Content at a particular time, SparkaTale will honor the option you have selected for that specific Content at that time, but any such selection shall apply only to that Content and not more generally to all of your Content across the Website.
- Unless otherwise provided in the terms and conditions of a Special Promotion, you will retain all of your ownership rights in your Content. You do, however, hereby grant a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content, your name, and your screen name on the Website and elsewhere in any media now known or hereafter devised, along with the right to excerpt, analyze, and index your Content. The above license granted by you in Publications will terminate within a commercially reasonable time after you remove or delete your Publications from the Website or deactivate your Account. You understand and agree, however, that SparkaTale may retain, but not display, distribute, or perform, server copies of your Publications that have been removed or deleted. The above license granted by you in Content other than Publications (for example, user comments) is perpetual and irrevocable. SparkaTale will not use your Publications in an anthology without your prior, written permission.
- SparkaTale has no obligation to post any Content that is submitted to the Website. SparkaTale has the right, but not the obligation, to review the content of the Content, and may remove any Content from the Website at any time at its sole discretion.
- SparkaTale does not endorse and is not responsible for the content of any Content. You understand that when using the SparkaTale Website, you will be exposed to Content from a variety of sources, and that it is possible that you may find such Content to be objectionable. If you believe that any Content does not meet the requirements of SparkaTale's Content Policy, please let us know and we will investigate the matter.
5. User Community
- If you create an Account, you may be provided access to various Website features (for example, user profile pages; comments pages and messaging features) that allow you to participate in the Website's user community (the User Community).
- You are solely responsible for any messages, comments, profiles, multimedia, and other information that you submit to the User Community (the User Community Content). SparkaTale does not endorse the User Community Content. When participating in the User Community, please treat others with respect. You agree not to post any User Community Content that violates SparkaTale's Content Policy that is described below. SparkaTale has the right, but not the obligation, to review the User Community Content, and may remove any User Community Content from the Website at any time at its sole discretion.
- If your Publication is posted on the Website, others in the User Community will be invited to post comments regarding your Publication. As the Website is a platform for the exchange of creative ideas and views, you understand that Comments made may be negative as well as positive, and that you might not agree with the comments of other users.
6. Content Policy.You will not submit any Publication or User Community Content (collectively, Content) to the Website that:
- contains sexually explicit, obscene, defamatory or libelous material;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- promotes illegal activities or conduct;
- contains any telephone numbers, street addresses or email addresses of any individual;
- violates any copyright or right of publicity or privacy; or
- is contrary to any applicable law.
7. Intellectual Property. The Website contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of SparkaTale (collectively referred to as the SparkaTale Content). The SparkaTale Content may be owned by us or by third parties. The SparkaTale Content is protected under both United States and foreign laws. Unauthorized use of the SparkaTale Content may violate copyright, trademark, and other laws. You have no rights in or to the SparkaTale Content, and you will not use the SparkaTale Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original SparkaTale Content on any copy you make of the SparkaTale Content. You may not sell, transfer, assign, license, sublicense, or modify the SparkaTale Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the SparkaTale Content in any way for any public or commercial purpose. The use or posting of the SparkaTale Content on any other website or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access and/or use the SparkaTale Content and the Website automatically terminates, and you must immediately destroy any copies you have made of the SparkaTale Content.
The trademarks, service marks, and logos of SparkaTale (SparkaTale Trademarks) used and displayed on the Website are registered and unregistered trademarks or service marks of SparkaTale. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the Third-Party Trademarks, and, collectively with SparkaTale Trademarks, the Trademarks). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of SparkaTale Trademarks inures to our benefit.
Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the SparkaTale Content may be retransmitted without our express, written consent for each and every instance.
8. Copyright and Libel Policy
- Digital Millennium Copyright Act
Our designated agent under the Digital Millennium Copyright Act for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:
SparkaTale Copyright Agent
If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide SparkaTale's agent with notice in accordance with the requirements of the Digital Millennium Copyright Act, including (i) a description of the copyrighted work that has been infringed and the specific location on this Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
If you believe the Website contains material that is libelous of you or otherwise violates your non-copyright interests, please notify us by contacting our administrator at admin@SparkaTale.com with a specific explanation of our concern. SparkaTale will make reasonable efforts to investigate your concern and, if appropriate, remove the offending Content.
9. Links to Third Party Websites. The SparkaTale Website may contain links to third party websites. Any such links are provided for your convenience only. SparkaTale does not control those websites, and is not responsible for their contents or practices, including their privacy practices. SparkaTale does not endorse the operators of those sites, nor does SparkaTale endorse or make any representations with respect to the contents of those sites or any products offered on those sites.
- SparkaTale is not in any manner responsible for the communications and materials posted or created by users accessing the Website. You acknowledge that by providing you with the ability to view and distribute Content on the Website, SparkaTale is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any Content or activities on the Website.
- The Website is based in the United States. We make no claims concerning whether the Website and/or the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
- This Website and the Content and any other materials provided through the Website are provided as is and as available and without warranties of any kind, whether express or implied. SparkaTale DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE, THE CONTENT AND ANY OTHER MATERIALS PROVIDED THROUGH THE WEBSITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR TRADE USAGE. UNDER NO CIRCUMSTANCES WILL SparkaTale OR ANY OF ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS OF USE OF THIS WEBSITE) ARISING FROM OR RELATING TO THE WEBSITE, THE CONTENT OR ANY OTHER MATERIALS PROVIDED THROUGH THE WEBSITE, EVEN IF SparkaTale IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of certain warranties or limitations of liability, so the above limitations or exclusions may not apply to you. SparkaTale's liability in such case will be limited to the greatest extent permitted by law.
- You agree to indemnify, defend, and hold SparkaTale and its officers, directors, members, managers, employees, agents, affiliates, suppliers, successors, and assigns harmless from and against any and all claims, liabilities, damages, losses, and expenses (including without limitation reasonable fees and costs for attorneys and investigations) arising out of, based on, or in connection with: (i) your use of and access to the Website, and any Content you submit to the Website (including, but not limited to, any claims relating to infringement or violation of any third-party copyrights, rights of privacy or publicity and other intellectual property rights) or (ii) your violation of any term of this Agreement. This defense and indemnification obligation will survive your use of the Website.
- The Agreement, and any rights and licenses granted hereunder, may be assigned by SparkaTale without restriction.
- This Agreement, and all matters arising directly or indirectly from your access to or other use of this Website, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You hereby submit to the exclusive jurisdiction of the state and federal courts located in the State of New York, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
- If any provision of this Agreement is held to be illegal, invalid or unenforceable, such illegality, invalidity or unenforceability shall apply only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and that provision and this Agreement generally shall be reformed, construed and enforced so as to most nearly give lawful effect to the intent of the parties as expressed in this Agreement.
- This Agreement constitutes the entire agreement between you and SparkaTale with respect to the Website, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Website.
11. How to Reach Us. SparkaTale hopes that you find the Website fun and easy to use. Questions or comments regarding the Website, including any reports of non-functioning links, should be submitted using our e-mail address at support@SparkaTale.com.