Effective Date: April 24, 2018.  

 

Her Spark, Inc. (“Her Spark”, “us”, “we” or “our”) operates the www.herspark.org website (the “Site”).  These Terms of Use (“Terms”) apply to the Site. Your access to and use of the Site reflects your consent to be bound by these Terms. If you do not agree to these Terms, in whole or in part, do not use the Site.

 

Changes to these Terms; Privacy Policy

We reserve the right to change or replace these Terms at our sole discretion at any time without prior notice.  We encourage you to review these Terms periodically. Any changes to these Terms will become effective upon posting of the revised terms.  By continuing to use the Site following such changes, you will be deemed to have agreed to such changes.  

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Along with these Terms, please read our Privacy Policy and refer to it before you submit any information through the Site.  The Privacy Policy is hereby incorporated and made part of these Terms. 

 

Intellectual Property

We and our licensors own all right, title and interest in and to the Site, all the text, content, graphics, interfaces, code and materials thereon, the “look and feel”, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data, and materials on the Site, including, but not limited to, all intellectual and proprietary rights therein, which rights may or may not be registered in certain jurisdictions. Your access and use of the Site does not grant to you ownership in or rights to any of the foregoing. You acknowledge and agree that Her Spark reserves and retains, for itself and such third parties, as applicable, all intellectual property and other proprietary rights of any and all kinds in connection with the Site. The Site is copyrighted as a collective work under the United States and other copyright laws, and is the property of Her Spark or our licensors. The collective work includes works that are licensed to Her Spark.  Unless otherwise indicated on the Site, displayed trademarks, corporate logos, service marks, trade names, and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Her Spark or its licensors, partners or affiliates. We do not grant any license or other authorization to use the Marks except through a separate written license agreement.  

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Use of the Site

Your use of the Site is subject to all applicable laws and regulations, which may vary depending on your jurisdiction of residence and from where you access the Site. The Site may be used only for your personal or information purposes of a non-commercial nature. Other than as expressly permitted in the next paragraph, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Site or any content, information, software, products or services obtained from or through the Site without prior written permission.  

 

You may display and, subject to any expressly stated restrictions or limitations relating to specific material on the Site, electronically copy, e-mail, download onto your personal computer, mobile device or other technology used to access the Site, and print single hard copy portions of the material from the Site solely for your own internal, non-commercial, lawful use. When you electronically copy, e-mail, download, or print a copy of the materials on this Site, you must also include all copyright and other notices that are on the materials, including, without limitation, any copyright notices on the bottom of the page. If you make other use of the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  

 

You may not (a) decompile, disassemble or reverse engineer the Site or any portion thereof, or (b) attempt to gain unauthorized access to any portion of the Site or any other computer systems or social media or mobile platforms on or through the Site.  You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for on or through the Site.  Use of the Site as made available through a third-party social media platform such as LinkedIn® or Facebook® is also subject to such social media platform’s applicable terms and conditions.  

 

We reserve the right, at any time, to modify, suspend or discontinue the Site and/or any content provided on the Site without notice to you.

 

Links and Third-Party Content

The Site may contain links to third-party websites that are not controlled by us. These links are made available to you as a convenience and you agree to use these links at your own risk. Please be aware that we are not responsible for the privacy policies and practices or content of such third-party sites.  These Terms only apply to your use of the Site. If you navigate to a third-party website from the Site, we encourage you to review and become familiar with such third-party websites’ privacy policies and statements.  

 

Unsolicited Submissions

Any non-personal information, remarks, suggestions, ideas, graphics or material you submit to us by email, download or otherwise (“Unsolicited Submission”) is non-confidential. You understand and agree that by providing an Unsolicited Submission to us, you grant to us and our designees a world-wide, royalty free, perpetual, irrevocable, non-exclusive, and fully transferable, assignable and sub-licenseable right and license to use, distribute, copy, reproduce, disclose, transmit, modify, translate, adapt, create derivative works from, publicly perform, publish and/or display in any format or medium and otherwise exploit all such Unsolicited Submissions (in whole or in part), including all data, images, creative works, sounds, text, and other things embodied therein, for any and all commercial or noncommercial purposes. We have no obligation to review or use any Unsolicited Submissions or to keep them confidential, but if we elect to use them, we are free to use and repurpose such Unsolicited Submission for any purpose, without any compensation to use. We do not waive any rights we may have to similar or related ideas previously known to us or developed by our employees and representatives, or obtained from sources other than you. You acknowledge and agree that you are solely responsible for the accuracy and content of the information you submit to us. You agree to provide accurate and truthful information. You agree to promptly notify us if information you provided becomes or is discovered to be inaccurate, untruthful or misleading.  

 

Errors

We attempt to provide accurate, current and reliable information on or through the Site. However, there may be times when information displayed on or through the Site may contain incomplete data, typographical errors, inaccuracies, or outdated information. We make no warranties as to the accuracy, completeness or timeliness of the information we make available on or through the Site, or that it is reliable, complete or error-free. We reserve the right to correct errors and update information available on or through the Site at any time.  

 

General Release and Indemnification

You hereby release and agree to indemnify, defend and hold harmless Her Spark or any of its officers, directors, employees, representatives and agents (collectively, the “Protected Entities”) from and against any and all claims, liabilities, obligations, losses, damages, penalties, demands, actions, suits, judgments, settlements, costs, including, without limitation, reasonable attorneys’ fees, resulting in any way from your use of the Site, your communication, placement or transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law, any third party right, or of these Terms, or any activity otherwise related to your use of the Site (including negligent or wrongful misconduct), by you.  

 

Disclaimer of Warranties

The Site, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, INFORMATION, CONTENT, FUNCTIONS, SERVICES, PRODUCTS, TEXT, GRAPHICS, and Links thereon, are each provided on an “as is” and “as available” basis and without warranty of any kind, WHETHER express or implied.  her spark disclaims all warranties, express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement, freedom from computer virus, and warranties arising from course of dealing, course of performance or trade practice.  We do not warrant or represent that your access to the functions contained in the Site will be secure, un-interrupted or error-free, that defects will be corrected, or that the site or the server that makes the site available are free of viruses or other harmful components.  Her spark does not make any warranties or representations regarding the use of the content on the site or with respect to its completeness, accuracy, availability, adequacy, usefulness, timeliness, security, reliability, or otherwise.  if you are dissatisfied with this site, your sole remedy is to discontinue using the site.  

 

Limitation of Liability

IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE PROTECTED ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE SITE OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH A SITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) IN THE AGGREGATE, ARISING FROM THESE TERMS OF USE OR YOUR USE OF ANY SITE, EXCEED, IN THE AGGREGATE, $10 (TEN UNITED STATES DOLLARS).  TO THE EXTENT THAT ANY OF THE LIMITATIONS OR EXCLUSIONS SET FORTH ARE NOT ENFORCEABLE UNDER APPLICABLE LAW, THE LIABILITY OF THE PROTECTED ENTITIES UNDER OR IN CONNECTION WITH THIS AGREEMENT AND THE SITE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Miscellaneous

These Terms constitute the entire agreement between you and Her Spark and govern your use of the Site. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services or third-party content. These Terms and the relationship between you and Her Spark are governed and construed in accordance with the laws of the State of North Carolina without regard to its conflict of law provisions. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. By using this Site, you agree that regardless of any statute or law to the contrary, any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one (1) year after the claim or cause of action arises or be forever barred.  We may assign our rights and duties under these Terms to any party at any time without notice to you. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms.  

 

Jurisdictional Issues 

The Site is controlled and operated in the United States of America. The Site may not be available to users outside of the United States. We make no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from locations outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of United States or any other jurisdiction’s export, re-export or import laws and regulations.  

 

Contact Us

If you have any questions about these Terms, please contact us by e-mailing contactus@herspark.org.

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