- The Service. The SparkWrite service is a subscription based service that provides an online platform that allows Users to find and engage the services of pre-screened freelance writers (“Writers”). After purchasing a subscription, Users can post the details of a job offer on the Website, and Writers will submit proposals for the job. Users can then select the Writer based on the proposals received, and negotiate the terms of any further agreement directly with the selected Writer. Users can also search through the database of Writers registered on the Website, and contact Writers who have the skillset and portfolio that meets Your needs (the “Services”).
IMPORTANT DISCLAIMER: By registering for the Services, you understand and acknowledge that Sparkwrite merely provides a platform that enables You to connect with Writers. Any transaction, agreement or engagement that you enter into with a Writer or any other User of the Services is between you and such User or Writer (as applicable) and not You and Sparkwrite. Such agreements and transactions may be subject to the payment of additional fees, outside of the Sparkwrite subscription fees described in Section 3 below. Sparkwrite is not a party to, and shall not be liable or responsible in anyway whatsoever, for any transactions or engagements among users, including your engagement of any Writer.
Additionally, Sparkwrite is not responsible for, and makes no representations or warranties relative to the work product of any Writer that you engage through the Website. We do not and cannot review and screen Writer’s portfolios and work product, and we do not endorse any of the Writers using the Website and Services. Any contract for services is between you and the Writer(s) you engage.
- Subscriptions; Fees and Payments. In order to use the Services, you must purchase a subscription. The current subscription fees can be found on the [Pricing Page] of the Website. Subscriptions run on a monthly basis, and are payable in full in advance by PayPal. Subscriptions will automatically renew on a monthly basis unless and until you terminate your account. Subscription fees are non-refundable. We reserve the right to change the subscription fees at anytime without notice; however if we change the fees partway through any then-current subscription term, the new fees will not apply until the start of the renewal term immediately after the term in which the fees were increased. We will notify you of any changes to the fees.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, writer portfolios, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in profiles, Writer portfolios, private messaging, forums or any other means available via the Website,(“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not SparkWrite, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. SparkWrite does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will SparkWrite be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
In using the Website and/or Service You shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- 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 or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- collect or store personal data about other users or viewers;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
- License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. SparkWrite will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.
- End User License. Except for User Content, the SparkWrite App, this Website, and the information and materials that it contains, are the property of SparkWrite and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, SparkWrite grants you a non-transferable, non-exclusive, license to (a) use the Website for your internal business use (the “License”). Nothing in the Terms gives you a right to use the SparkWrite or SparkWrite names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of these Terms. You are responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Feedback. If You provide SparkWrite with any suggestions, comments or other feedback relating to any aspect of the Website, SparkWrite App and/or Service ("Feedback"), SparkWrite may use such Feedback in the Website or in any other SparkWrite products or services (collectively, "SparkWrite Offerings"). Accordingly, You agree that: (a) SparkWrite is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to SparkWrite, (c) SparkWrite (including all of its successors and assigns and any successors and assigns of any of the SparkWrite Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any SparkWrite Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from SparkWrite or any of the other users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that SparkWrite shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
- Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by SparkWrite. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by SparkWrite of that third party, third party product or service. SparkWrite is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that SparkWrite endorses or accepts any responsibility for the content or use of such websites, and You hereby release SparkWrite from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS.
THE WEBSITE, SERVICE, SPARKWRITE APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." SPARKWRITE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. SPARKWRITE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY OTHER USER (INCLUDING WRITERS) OR THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND SPARKWRITE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. SPARKWRITE WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.
- LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL SPARKWRITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, SPARKWRITE APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SPARKWRITE APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF SPARKWRITE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPARKWRITE’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO ITS DIRECT DAMAGES AND SHALL NOT EXCEED THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50 CAD) OR (B) AMOUNTS YOU’VE PAID SPARKWRITE IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Release. Because Sparkwrite does not supervise or control interactions between Users, and because Sparkwrite does not monitor User content or User Transactions, and because Sparkwrite cannot guarantee the true identity, age, or nationality of Users, and because Sparkwrite has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and you agree to release Sparkwrite (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website, Your transactions with other Users, Your third party transactions and in connection with Sparkwrite’s resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
- Availability & Updates. SparkWrite may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or SparkWrite App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. SparkWrite may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and SparkWrite cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. SparkWrite will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the SparkWrite App or Service, please contact us at: hello@SparkWrite.io
Effective Date: July 2, 2016