NO UNLAWFUL OR PROHIBITED USE
No Unlawful Or Prohibited Use
As a condition of your use of the
Site, you warrant that you will not use the Site for any purpose that is
unlawful or prohibited by the Terms. All users must comply with all applicable
domestic and international laws, statutes, ordinances and regulations regarding
the use of the Site.
Sparkit Market TERMS OF USE
1. ACCEPTANCE OF TERMS
Thank you for using Sparkit Market.
Sparkit Market provides a collection of online resources and classified
ads (referred to hereafter as "the Service") subject to the following
Terms of Use ("TOU"). You are agreeing to abide by the TOU once you
use Sparkit Market in any way. In addition, when using particular Sparkit
Market services, you agree to abide by any applicable posted guidelines for all
Sparkit Market services, which may change from time to time.
If for any reason you become dissatisfied with Sparkit Market in any way, or
object to our TOU, then your only recourse is to immediately discontinue use of
Sparkit Market.
2. MODIFICATIONS TO THIS AGREEMENT
We reserve the right to change, modify or otherwise alter
these terms and conditions at any time at our sole discretion. Such modifications shall become effective
immediately upon the posting thereof. You must review this agreement on a
regular basis to keep yourself knowledgeable of any changes.
3. CONTENT
You understand that all postings, messages, text, files,
images, photos, video, sounds, or other materials ("Content") posted
on, transmitted through, or linked from the Service, are the sole
responsibility of the person from whom such Content originated. More
specifically, you are entirely responsible for each individual item ("Item") of Content
that you post, email or otherwise make available via the Service. You
understand that Sparkit Market does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the Sparkit Market site and Content
available through the Service may contain links to other websites, which are completely
independent of Sparkit Market. Sparkit Market makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other webites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no
circumstances will Sparkit Market be liable in any way for any Content or for
any loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that Sparkit Market does not pre-screen or approve Content, but that Sparkit
Market shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY
CONTENT, SITES, AND SERVICES
The Sparkit Market site and Content available through the Service may contain
features and functionalities that may link you or provide you with access to third
party content which is completely independent of Sparkit Market, including web
sites, directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or
individuals found on or through the Service, including payment and delivery of
goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
organizations and/or individuals. You should make whatever investigation you
feel necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
You agree that Sparkit Market shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings. If
there is a dispute between participants on this site, or between users and any
third party, you understand and agree that Sparkit Market is under no
obligation to become involved. In the event that you have a dispute with one or
more other users, you hereby release Sparkit market, its officers, employees,
agents and successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and / or our service. If you are a California resident, you waive
California Civil Code Section 1542, which says: "A general release does
not extend to claims which the creditor does not know or suspect to exist in
his favor at the time of executing the release, which, if known by him must
have materially affected his settlement with the debtor."
5. NOTIFICATION OF
CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please Contact Sparkit Market.Please provide our Agent with the
following Notice:
a) Identify the material on the Sparkit Market site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) 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;
c) A statement by you declaring under penalty of perjury that (1) the above
information in your Notice is accurate, and (2) that you are the owner of
the copyright interest involved or that you are authorized to act on behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Sparkit Market will remove the infringing posting(s), subject to the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. PRIVACY AND INFORMATION DISCLOSURE
Sparkit Market has established a Privacy Policy to explain to users how their information is collected and used, which is
located at the following web address: http://sparkitmarket.com/policy.php. Your use of the Sparkit Market website or
the Service signifies acknowledgement
of and agreement to our Privacy Policy. You further acknowledge and agree that
Sparkit Market may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email
addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU;
respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g.
phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of
harassment; protect the rights, property, or personal safety of Sparkit Market, its users
or the general public.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual
conduct
including but not limited to (i) sexual intercourse, including genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the same
or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the
sale or rental of any dwelling, a discriminatory preference based on race,
color, national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the basis of
these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited to, a
Sparkit Market employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary
relationships;
k) that constitutes or contains
"affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters,"
"pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation if:
posted in areas of the Sparkit Market sites which are not designated for such
purposes.
m) that
includes links to commercial services or web sites, except as allowed
in "services";
n) that advertises any illegal service or the sale of any items the sale of
which is prohibited or restricted by any applicable law, including without
limitation items the sale of which is prohibited or regulated by California
law.
o) that
contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
p) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Sparkit Market;
v) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to Sparkit Market's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Sparkit Market website; or
y) use any form of automated device or computer program that enables the
submission of postings on Sparkit Market without each posting being manually
entered by the author thereof (an "automated posting device"),
including
without limitation, the use of any such automated posting device to submit
postings in bulk, or for automatic submission of postings at regular intervals.
7.MEMBERSHIP
By registering and using Sparkit Market Inc you certify that you are a private individual, able to form legally binding
contracts under applicable laws. To use the Service you must be 18 years of age or older, or if under 18 years of age,
you must have consent and be under the supervision of your parents. You certify that all personal information you
provide to the Service during and at any time the use of, is accurate.
8. SPARKIT MARKET IS JUST A VENUE
Sparkit Market is not involved with the actual transaction between users of the service. As a result, we can not control
the accuracy, quality, or safety of items. Nor can we control the actual ability of users to complete transactons.
9. Termination
The service may terminate your membership, delete your profile and any content or information that you have posted on the Site for any reason, or no reason, at any time in its sole descretion, with or without notice.