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