WEBSITE TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE ("TOS") CAREFULLY. BY ACCESSING OR USING THE MODEST SPARK, LLC ("MODEST SPARK") WEBSITE ("SITE"), YOU AGREE TO BE BOUND BY THE TOS. IF YOU DO NOT AGREE TO THE TOS, DO NOT USE THE SITE. IF YOU ARE A CURRENT MODEST SPARK CUSTOMER, THE PROVISIONS OF OUR MUTUAL MODEST SPARK SUBSCRIPTION AGREEMENT WILL GOVERN YOUR CONDUCT WHILE ACCESSING THE SITE.

These TOS apply to your access to, and use of, the Modest Spark Site. If you are using the site on behalf of any entity, you represent and warrant that you are authorized to accept these TOS on such entity's behalf. This TOS contains disclaimers and other provisions that limit our liability to you.

We reserve the right to change or modify these TOS at any time and at our discretion. Any changes or modifications will be effective immediately upon posting the revisions to the website. Your continued use of our website will confirm your acceptance of such changes or modifications; therefore, we suggest that you periodically review our Site TOS. If you do not agree to any amended terms, please discontinue your use of our website.

YOUR USE OF OUR SITE

We may suspend your right to access the Site immediately upon notice to you if we determine that your use of the Site is in contravention of the following:

  • No Illegal, Harmful, or Offensive Use or Content. You may not use, or encourage, promote, facilitate or instruct others to use, the Site for any illegal, harmful, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
  • No Security Violations.You may not use the Site to violate the security or integrity of any network, computer or communications system, software application, or network or computing device.
  • No Network Abuse.You may not make network connections to any users, hosts, or networks unless you have permission to communicate with them.
  • No E-Mail or Other Message Abuse.You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations, including commercial advertising and informational announcements.

SITE DISCLAIMER AND THIRD PARTY CONTENT

The materials and information on the Site may include technical inaccuracies or typographical errors. The materials, information and services on the Site are provided "as is" without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, we disclaim all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to all content in the Site.
We may provide third party content on the Site and links to web pages and content of third parties (collectively, "Third Party Content") as a service to you. We do not control, endorse or adopt any Third Party Content and cannot make any guarantees as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third Party Content and we undertakes no responsibility to update or review such Third Party Content. You agree to use all Third Party Content at your own risk.

COPYRIGHT AND LIMITED LICENSE

Unless otherwise indicated, the Site and all content and other materials in the Site, including, without limitation, our logo and all designs, text, graphics, and pictures (collectively, "Site Materials") are our proprietary property (or the property of our licensors) and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and Site Materials for personal and informational purposes only. Such license is subject to the TOS and does not include; (a) the collection and use of any service listings, pictures or descriptions; (b) the distribution, public performance or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site, or (f) any use of the Site or the Site Materials other than for its intended purpose.
Any use of the Site Materials other than as specifically authorized by us is strictly prohibited and will terminate our license to you. Your unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in this TOS shall be construed as conferring in any manner any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated with our Site.
We also reserve the right, without notice and in our sole discretion, to terminate your license to use the Site and to block or prevent your future access to, and use of, the Site

MODIFICATIONS TO THE SITE

We reserve the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Site or portions of the Site.

JURISDICTION AND COMPLIANCE WITH LAWS

Access to and use of the Site and these TOS are governed by U. S. federal law and/or the laws of the State of Washington, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Site or these TOS shall be instituted only in a state or federal court located in King County, Washington. You and we agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Last Revision: February 4, 2015