By
downloading the Licensed Application from
The
parties of this Sparktonic, LLC , not the
Services, is solely responsible for the Licensed Application and the
content thereof.
TABLE
OF CONTENTS
The Licensed
Application is not tailored to comply with industry-specific
regulations (Health Insurance Portability and Accountability Act
(HIPAA), Federal Information Security Management Act (FISMA), etc.),
so if your interactions would be subjected to such laws, you may not
use this Licensed Application. You may not use the Licensed
Application in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2
.
2
This
license
will also govern any
updates of the Licensed
Application provided by
Licensor that replace,
repair, and/or supplement
the first Licensed
Application, unless a
separate
license
is provided for such
update, in which case the
terms of that new
license
will govern.
2
.
3
You may not share or make the
Licensed Application available
to third parties (unless to the
degree allowed by the Usage
Rules, and with Sparktonic,
LLC 's prior written
consent), sell, rent, lend,
lease or otherwise redistribute
the Licensed Application.
2
.
4
You may not reverse
engineer, translate,
disassemble, integrate,
decompile, remove, modify,
combine, create derivative
works or updates of, adapt,
or attempt to derive the
source code of the Licensed
Application, or any part
thereof (except with
Sparktonic, LLC 's
prior written consent).
2
.
5
You may not copy (excluding
when expressly
authorized
by this
license
and the Usage Rules)
or alter the Licensed
Application or portions
thereof. You may create and
store copies only on devices
that You own or control for
backup keeping under the
terms of this
license
, the Usage Rules, and
any other terms and
conditions that apply to the
device or software used. You
may not remove any
intellectual property
notices. You acknowledge
that no
unauthorized
third parties may
gain access to these copies
at any time. If you sell
your Devices to a third
party, you must remove the
Licensed Application from
the Devices before doing
so.
2
.
6
Violations of the
obligations mentioned above,
as well as the attempt of
such infringement, may be
subject to prosecution and
damages.
2
.
7
Licensor reserves the right
to modify the terms and
conditions of
licensing.
2
.
8
Nothing in this
license
should be interpreted
to restrict third-party
terms. When using the
Licensed Application, You
must ensure that You comply
with applicable third-party
terms and conditions.
3.
TECHNICAL
REQUIREMENTS
4.
MAINTENANCE AND
SUPPORT
4.1
The Licensor is solely responsible for providing any maintenance
and support services for this Licensed Application. You can reach
the Licensor at the email address listed in the
5. USE OF
DATA
You acknowledge
that the Licensor may periodically collect and use technical data
and related information about your device, system, and application
software, and peripherals, offer product support, facilitate the
software updates, and for purposes of providing other services to
you (if any) related to the Licensed Application. Licensor may also
use this information to improve its products or to provide services
or technologies to you, as long as it is in a form that does not
personally identify you.
6.
USER-GENERATED
CONTRIBUTIONS
1. The creation, distribution,
transmission, public display, or performance, and the accessing,
downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any
third party.
2. You are the creator and owner of or have
the necessary
3. You have the written consent, release,
and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness or each and every
such identifiable individual person to enable inclusion and use of
your Contributions in any manner contemplated by the Licensed
Application and this
4. Your Contributions are not false,
inaccurate, or misleading.
5. Your Contributions are not unsolicited
or
6. Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing,
7. Your Contributions do not ridicule,
mock, disparage, intimidate, or abuse anyone.
8. Your Contributions are not used to
harass or threaten (in the legal sense of those terms) any other
person and to promote violence against a specific person or class of
people.
9. Your Contributions do not violate any
applicable law, regulation, or rule.
10. Your Contributions do not violate the
privacy or publicity rights of any third party.
11. Your Contributions do not violate any
applicable law concerning child pornography, or otherwise intended
to protect the health or well-being of minors.
12. Your Contributions do not include any
offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
13. Your Contributions do not otherwise
violate, or link to material that violates, any provision of this
Any use of the
Licensed Application in violation of the foregoing violates this
7.
CONTRIBUTION
You agree that
we may access, store, process, and use any information and personal
data that you provide following the terms of the Privacy Policy and
your choices (including settings).
By submitting
suggestions of other feedback regarding the Licensed Application,
you agree that we can use and share such feedback for any purpose
without compensation to you.
We do not
assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property
rights or other proprietary rights associated with your
Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area in
the Licensed Application. You are solely responsible for your
Contributions to the Licensed Application and you expressly agree to
exonerate us from any and all responsibility and to refrain from any
legal action against us regarding your Contributions.
8.
LIABILITY
9.
WARRANTY
(i)
product liability claims;
(ii)
any claim that the Licensed Application fails to conform to
any applicable legal or regulatory requirement; and
(iii)
claims arising under consumer protection, privacy, or
similar legislation
11.
LEGAL
COMPLIANCE
You
represent and warrant that You are not located in a country
that is subject to a US Government embargo, or that has been
designated by the US Government as a
12.
CONTACT
INFORMATION
For
general inquiries, complaints, questions or claims
concerning the Licensed Application, please contact:
13.
TERMINATION
The
Sparktonic, LLC or by
You. Your rights under this Sparktonic, LLC if You fail to adhere
to any term(s) of this
In
Accordance with Section 9 of the
subsidiaries shall be third-party beneficiaries of this End User
License
This
Florida