The Service. The SparkWrite service provides an online platform that allows Writers to connect with individuals and entities (“Clients”) seeking to engage the services of freelance writers or content publishers for specific projects. Clients will post a job on the Website and Writers then submit proposals for the work, from which the Client will select a Writer (the “Service”). The specific terms of any agreement between Writers and Clients in connection with a job are then negotiated directly between the parties (e.g. fees, nature of work, term of the engagement) in a separate agreement unrelated to SparkWrite and the SparkWrite Website and Services.
Writer Interview. After you have registered for an account, you will be required to submit to an interview by Skype, so that SparkWrite can verify your credentials and suitability for the Website.
Writer Profile Page. Once you have registered for an account, and successfully completed an interview, you can create a profile that will be visible to Clients who subscribe to the Services. Your public profile (visible only to subscribers of the Services) will consist of your name, sample work, writing portfolio, summary of your experience and your education. When you create your profile, you will also be required to submit contact information and your website address (if any). Your contact information will not be visible on your public profile, but will be made available to Clients once you have been hired.
Content. All information, data, text, software, photographs, graphics, video, written works, messages or other materials, whether publicly posted or privately transmitted to the Website by Writers (“User Content”), is the sole responsibility of such Writers. This means that Writers 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.
Conduct Guidelines. In using the Services you agree that you will:
Provide accurate information when registering and keep such information up to date;
treat the other users of the Services, including other Writers and Clients or prospective Clients with whom you interact with respect and not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 7, below;
agree not to upload any content or create any content that is harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
act honestly and in good faith and in a manner that will not harm the goodwill or reputation of SparkWrite; and
comply with these terms and all applicable laws and regulations at all time during engagements with Clients and during other dealings with SparkWrite.
In using the Website and/or Service, You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, create, 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;
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 part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
SparkWrite reserves the right to limit, restrict or terminate your access to the Website and Services if you violate any of the User Conduct Guidelines or Website restrictions in Sections 6 and 7 of this Agreement.
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 to use, transmit and display such User Content for the purpose of providing the Services. 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, this Website and the information and materials that it contains, are the property of SparkWrite and its licensors, and is 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 use. 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.
Feedback. If You provide SparkWrite with any suggestions, comments or other feedback relating to any aspect of the Website 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.
Representation and Warranty of Writers. In registering as a Writer on the Website and using the Services, you hereby represent and warrant that all works provided to the Website, whether provided as part of your writing sample or writing portfolio, whether created before or after your registration with the Website, and any works created for Clients of the Website, are original works, and do not infringe any intellectual property rights, privacy rights, personality rights or any other similar such rights of any third party, including, without limitation any copyright or moral rights.
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. You shall be 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.
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.
Release. Because SparkWrite does not supervise or control interactions between Users (including between Writers and Clients), and because SparkWrite does not screen or monitor content, works or publications submitted to the Website or made in connection with the Website and Services, 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 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.
DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE 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 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, (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, (VI) ANY INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS BY ANY OF THE WRITERS OR CLIENTS OR OTHER USERS OF THE WEBSITE AND SERVICES, AND (VII) ANY BREACH OF ANY PRIVACY OR PERSONALITY RIGHT OR OTHER SIMLIAR RIGHT BY ANY USER, WRITER OR CLIENT OF THE SERVICES. 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 THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) 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.
Availability & Updates. SparkWrite may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Services 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 Website and/or Service, please contact us at: email@example.com
Effective Date: February 17, 2016