Welcome to the Colossal Spark website, accessed at www.Colossalspark.com (the “Site”).

These Terms of Service govern your use of the Site; by using the Site, you accept these Terms of Service in full. Further, by using the Site, you agree that the exclusions and limitations of liability found in these Terms of Service are reasonable. If you disagree with these Terms of Service or any part of these Terms of Service, you must not use the Site.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THIS WEBSITE. BY USING THE SITE AND BY AGREEING TO THESE TERMS OF SERVICE YOU WARRANT AND REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

The Site is fully controlled and operated by Colossal Spark Inc., a Delaware corporation (referred to herein as “COLOSSALSPARK,” “we,” “us,” and “our”). We reserve the right to change these Terms of Service and/or any other rules applicable to the Site, from time to time, at our sole discretion. It is your responsibility to check these Terms of Service and all other rules regularly to see if these Terms of Service or any rules have changed. If you disagree with any changes, your only recourse is to stop using the Site. If you continue to use the Site after we make any changes, you will be agreeing to the changes and the revised Terms of Service and/or rules. The date on which these Terms of Service were last updated is at the bottom of this page.

Our Private Policy and all other rules, terms or conditions published on this Site are a part of and are hereby incorporated into these Terms of Service.

YOUR ACCOUNT

When you register at this Site, you will be asked to provide your name, email address, a password and such other personal information as is required from time to time (collectively, your “Account”). You represent and warrant that all such information is true and accurate. You further represent and warranthat you have not created, and will not create, more than one personal Account. We reserve the right to refuse to register you and provide you with an Account and/or to deny you access to the Site for any reason in our sole and absolute discretion.

It is important that you remember your password and that you keep it in a safe place offline. If you forget your password you may not be able to access your Account. You should not share your password with anyone. We will use your Account information and password to identify you when you return to the Site.

You are solely responsible for maintaining the confidentiality of your Account, and for all activities that occur through the use of your Account, including the posting and review of marketing ideas and briefs. You agree to: (i) immediately notify us of any unauthorized use of your Account or any other breach of security (including theft of your password or materials containing your password), and (ii) ensure that you exit from your Account at the end of each session. We expressly disclaim any and all liability for any loss or damage arising from your failure to comply with this section. You may be issued a new password or required to change your password from time to time.

We have put physical, electronic and managerial procedures into place in order to help safeguard and prevent unauthorized access, use and/or disclosure of your personally identifiable information. Although we use reasonable efforts to safeguard the security of your personally identifiable information, transmissions made on or through the internet and personally identifiable information stored on our servers or the servers of third parties that we use are vulnerable to attack and cannot be guaranteed to be secure. In addition, submissions made via email are not protected by encryption and are vulnerable to interception during transmission. We therefore disclaim all responsibility for any and all unauthorized use of your Account and/or the disclosure of your personal information.

You agree and acknowledge that you do not own your Account. Under these Terms of Service, we grant you a limited, personal, non-transferable, non-commercial, revocable license to use your Account to access the Site. (See: Ownership of Intellectual Property below.) You may not sell or transfer all or any part of your Account. You may not use your Account in any way that violates these Terms of Service. We may terminate or suspend your Account and/or access to all or part of this Site and/or remove any User Created Item (as defined below) if we, in our sole and absolute discretion, determine that you have breached these Terms of Service or any other rule applicable to the Site or that your conduct violates applicable law or is otherwise harmful to the Site, other persons or COLOSSALSPARK (including any of its officers, employees or advisors). Any such termination or suspension or removal shall be without liability to you, including but not limited to any liability arising out of your inability to use or sell any marketing idea or complete any business transaction. In addition, we may terminate or suspend your Account and/or access to all or part of this Site and/or remove any User Created Item if we determine to cease all or a portion of our operations and/or the provision of any applicable products or services in connection with this Site. We reserve the right to change any or all of the features of and activities available on this Site at any time without notice. All such terminations, suspensions, removals and/or changes shall be without any liability to you.

SUBMISSIONS TO OPPORTUNITIES

A “Submission” means all suggestions, ideas, concepts, artwork, graphics, data, questions or other information or materials communicated at any time in any format by any means (electronic or otherwise) by you to COLOSSALSPARK and/or its client.

You represent and warrant that you own all rights in the Submission and that your use and disclosure of the Submission does not infringe on or violate the rights of any person, and you agree to sole responsibility in place of COLOSSALSPARK and/or its client for any damages resulting from the Submission violating such rights. Submissions are not received on a confidential basis and neither COLOSSALSPARK nor its client assumes any obligation to keep them confidential.  You acknowledge and agree that the receipt and review of a Submission (a) is not an admission by COLOSSALSPARK or its client that your Submission is original or protectable, and (b) does not create any obligation or contract, whether express or implied, to use or pay for the use of the Submission.  In addition, you agree that neither COLOSSALSPARK nor its client will have any liability to you for any loss of or damage to your Submission and shall have no obligation to return your Submission.

YOU ACKNOWLEDGE THAT COLOSSALSPARK AND ITS CLIENTS DEVELOP AND/OR REVIEW COUNTLESS MARKETING CONCEPTS EACH YEAR.  YOU FURTHER ACKNOWLEDGE THAT MANY SUBMISSIONS ARE SIMILAR TO OR SHARE SIMILAR ELEMENTS WITH OTHER SUBMISSIONS, PUBLICLY KNOWN OR AVAILABLE MATERIALS, AND/OR CONCEPTS DEVELOPED INTERNALLY.   ACCORDINGLY, YOU AGREE THAT THE MERE USE BY COLOSSALSPARK OR ITS CLIENT OF A CONCEPT WHICH IS SIMILAR TO YOUR SUBMISSION SHALL NOT CREATE ANY PRESUMPTION THAT COLOSSALSPARK OR ITS CLIENT ACTUALLY USED YOUR SUBMISSION.  IN THE EVENT THAT SUBMISSIONS FOR AN OPPORTUNITY ARE SIMILAR AND COLOSSALSPARK AND/OR ITS CLIENT CHOOSES TO USE ONE OF THE SUBMISSIONS, COLOSSALSPARK AND/OR ITS CLIENT SHALL HAVE THE SOLE AND ABSOLUTE DISCRETION TO SELECT WHICH SUBMISSION TO USE BASED ON ANY CRITERIA WHICH COLOSSALSPARK AND/OR ITS CLIENT DEEMS RELEVANT.  NEITHER COLOSSALSPARK NOR ITS CLIENTS SHALL BE BOUND BY THE ORDER IN WHICH SUBMISSIONS ARE RECEIVED.  IN ADDITION, YOU FURTHER AGREE THAT ANY CLAIM AGAINST COLOSSALSPARK OR ITS CLIENT BASED ON OR RELATING TO THE USE, PERFORMANCE, PUBLICATION, OR DISCLOSURE OF YOUR SUBMISSION SHALL BE BASED SOLELY ON THE COPYRIGHT LAWS OF THE UNITED STATES AND THAT YOU WAIVE AND RELEASE COLOSSALSPARK AND ITS CLIENTS FROM ANY AND ALL LIABILITY UNDER ANY OTHER LAWS OR LEGAL THEORIES WHETHER UNDER CONTRACT, TORT OR OTHERWISE.

COMMISSIONS ON OPPORTUNITIES

COLOSSALSPARK will notify you if you have been selected by the client for an opportunity (also referred to on the Site as a “project”), after the client has chosen the Winner and Finalist into the Finalist List. You are solely responsible for negotiating the terms and conditions of any agreement or arrangement between you and the client, including but not limited to the amount you will be paid, the deliverables that are due from you, the schedule on which the deliverables will be due, and any requirements you have of the client. Once you have reached agreement with the Client, you will provide a copy of your agreement to COLOSSALSPARK.

You hereby agree to pay COLOSSALSPARK the applicable commission (according to the terms for the Submission as described on the Site) on all revenues you receive arising from that Opportunity. If for any reason the Opportunity is cancelled or terminated, regardless of whether you had entered into an agreement with respect to the Opportunity, and you later are engaged for a different project by the client, you agree to pay COLOSSALSPARK the commission applicable to the Opportunity on all revenues you receive arising from service to that client. “Revenues” means the gross amount of all revenues, compensation, moneys, things, benefits, assumed liabilities, intangibles or rights of any kind. COLOSSALSPARK’s right to this commission shall survive and shall continue after any termination of the Opportunity or any agreements arising from or pursuant to the Opportunity.

Payment of the commission shall be due within ten (10) business days of your receipt of any revenues. Interest at the rate of 1% per month shall accrue and be due on any late payments. You shall be liable for any costs incurred by COLOSSALSPARK to collect any amounts due including but not limited to reasonable attorneys’ fees and court costs.

COLOSSALSPARK IS NOT AND WILL NOT BE RESPONSIBLE FOR ANY CLIENT’S BREACH OF AN AGREEMENT OR FAILURE TO PERFORM OR PAY.

INTERACTIONS WITH OTHER USERS AND CLIENTS/USE AT YOUR OWN RISK

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND CLIENTS AND ALL SUCH INTERACTIONS ARE SOLELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING AND ADHERING TO THE TERMS AND CONDITIONS OF ALL INTERACTIONS BETWEEN YOU AND ANY OTHER PERSON. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU DISPLAY YOUR USER CREATED ITEMS, CONTACT OTHER USERS, POST AND RESPOND TO OPPORTUNITIES, AND SOLICIT AND ENGAGE IN BUSINESS TRANSACTIONS WITH OTHERS USERS OR CLIENTS ALL AT YOUR OWN RISK. YOU UNDERSTAND THAT WE DO NOT IN ANY WAY SCREEN OUR USERS OR CLIENTS OR MAKE ANY INQUIRY INTO THE BACKGROUND OF OUR USERS OR CLIENTS OR ATTEMPT TO VERIFY THE STATEMENTS OF OUR USERS OR CLIENTS, EVEN IF USE OF THIS SITE IS DESCRIBED AS “BY INVITATION ONLY”. COLOSSALSPARK MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR HONESTY OF USERS OR CLIENTS. IN NO EVENT SHALL COLOSSALSPARK BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, FAILURE TO PAY AMOUNTS DUE, INFRINGEMENT, MISAPPROPRIATION, UNFAIR COMPETITION, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS, MEETINGS, AGREEMENTS OR ANY OTHER INTERACTIONS WITH OTHER USERS OF THIS SITE, CLIENTS, OR PERSONS YOU MEET THROUGH THIS SITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS AND CLIENTS, PARTICULARLY IF YOU DECIDE TO ENGAGE IN BUSINESS OR DISCLOSE CONFIDENTIAL INFORMATION. YOU UNDERSTAND THAT COLOSSALSPARK MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ABILITY TO SOLICIT OR OBTAIN WORK, OR OTHERWISE ENGAGE IN BUSINESS OR DERIVE REVENUES FROM YOUR USE OF THIS SITE.

OWNERSHIP OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE

You retain any ownership rights you hold in all items which you upload or post on this Site, but you hereby give us permission to use and display such items for the purposes of this Site. (See: User Created Items below). The remainder of this section applies to everything on this Site which is not a User Created Item, such as theColossal Spark logo and page design.

All Site software, designs, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, data and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade dress and trade names (the “Materials”) are the property of COLOSSALSPARK and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. Without limiting the generality of the foregoing, Colossal Spark is a trademark of COLOSSALSPARK.

These Terms of Service grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and the Materials for your personal, non-commercial use. Except as expressly provided herein, you agree that no portion of this Site will be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose; that you have obtained no other rights, titles or interests of any kind in or to the Site or the Materials; and that nothing contained herein shall be construed as conferring any other right, title or interest. All rights in the Materials and Site are reserved to COLOSSALSPARK.

COLOSSALSPARK hereby grants you a personal, non-exclusive, non-assignable, revocable, non-transferable license to use and display, for noncommercial and personal use only, one copy of appropriately limited portions of the Materials and/or software that are downloadable from this Site, including, without limitation, any files, codes, audio, or images incorporated in or generated by or in conjunction with the Site and/or COLOSSALSPARK, provided that “Copyright 2012 COLOSSALSPARK. All Rights Reserved. Used With Permission” accompanies all copyrightable Materials and other notices are properly maintained. Modification of Materials or use of Materials for any other purpose is a violation of COLOSSALSPARK’s copyright and other proprietary rights. For purposes of these Terms of Service, use of any Materials in any unauthorized manner (including, without limitation, on web pages or sites that contain paid or free advertisements, third-party endorsements of any kind or nature (including without limitation, endorsements of a religious, political, or social orientation nature), promotions, products, games, services, or other inappropriate content) is strictly prohibited. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, sell, decompile, reverse engineer, disassemble, or circulate any Materials to any third party (including, without limitation, display and distribute the Materials via a third party website) without COLOSSALSPARK’s express prior written consent. Unauthorized or prohibited exploitation of Materials will result in deletion of your Account from the Site, and may subject you to civil liability and criminal prosecution under applicable federal and state laws.

COLOSSALSPARK respects the intellectual property of others, and we ask our users to do the same. COLOSSALSPARK may, in its sole and absolute discretion, terminate the Accounts of users who infringe the intellectual property rights of others. If you believe that the Site contains elements that infringe your copyrights in your work, please follow the procedures below in Claims of Copyright Infringement.

USER CREATED ITEMS

This Site allows you to upload and post concepts, texts, photographs, and other audio and/or visual materials (“User Created Items”). You represent and warrant that you have all necessary rights in and to all User Created Items you provide and all information they contain.

You agree and acknowledge that you upload and display all User Created Items at your own risk. We are not liable for the unauthorized use of your User Created Items by any other user or person. See Interactions With Other Users/Use At Your Own Risk below.

Please be advised that User Created Items do not reflect the views of COLOSSALSPARK. Although we periodically monitor the content of User Created Items, in no event does COLOSSALSPARK assume or have any responsibility or liability for any User Created Items or for any claims, damages or losses resulting from their use and/or appearance on or in conjunction with this Site or elsewhere. You remain solely responsible for the content of your User Created Items. Nonetheless, COLOSSALSPARK may make reasonable efforts to ensure that the User Created Items serve the best interests of all users and, therefore, COLOSSALSPARK reserves the right to edit, delete, or refuse to allow any User Created Items that violates these Terms of Service, as well as revoke the privileges of any user who does not comply with these Terms of Service. COLOSSALSPARK also reserves the right to contact any third party who may have an interest in preserving the safety of users (such as law enforcement) regarding the content of any User Created Item and supplying identifying information regarding such user to such third party. Please see the Privacy Policy.
You hereby understand and agree that COLOSSALSPARK expressly prohibits User Created Items that contain:

  • personal attacks on other people (individually or as a group);
  • slanderous, defamatory, obscene, pornographic, threatening or harassing suggestions, comments or images;
  • any image or personal information of any child under the age of 13;
  • materials created by someone else without their express written permission to do so;
  • actual promotions or advertisements of any kind if they are not examples of your work;
  • solicitations to contribute or subscribe to or join or become members of any online service or other organization or group (whether for profit, non-profit, religious, social, political or otherwise); or
  • anything else that COLOSSALSPARK deems, in its sole and absolute discretion, to be inappropriate for the Site.

By uploading or otherwise submitting any User Created Items to us and/or the Site, you automatically grant (or warrant that the owner of such rights has expressly granted) to COLOSSALSPARK a perpetual, irrevocable, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials in all forms now known or hereafter invented (whether electronic or not) in connection with this Site and the services offered by it and the marketing, promotion and advertising of the foregoing. In addition, you warrant that all so-called “moral rights” and other rights recognized throughout the world (including without limitation, the European Economic Community) in those materials have been waived for the purposes of our use of such materials. Without limiting the foregoing, you hereby grant to COLOSSALSPARK the right to use and change the User Created Items in any manner that COLOSSALSPARK may determine. There is no contract, implied or otherwise, that we will compensate you for the use of any User Created Items submitted by you and, pursuant to the foregoing, we will not compensate you for any such use.

CODE OF CONDUCT

You agree that you will:
  • 1. Use this Site in a way that does not offend anyone or interfere with anyone’s use of this Site;
  • 2. Provide full, complete, truthful and accurate information when registering for this Site, using any feature of this Site or contacting us;
  • 3. Not use any other user’s User Created Item without obtaining all required consents and/or authorizations;
  • 4. Adhere to the terms and conditions of any agreement entered into with any other user;
  • 5. Not upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials to or through this Site that: (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of anyone, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; or (vii) are treated as confidential under any contract or policy;
  • 6. Not use the Site in a way that is abusive or could be considered spam;
  • 7. Not attempt to circumvent the security systems of this Site;
  • 8. Not attempt to gain access to or use this Site or any activity or item available through this Site in a fraudulent manner;
  • 9. Not attempt to use any other person’s account;
  • 10. Not attempt to harvest or otherwise collect information about other users without their consent;
  • 11. Not attempt to use this Site for any purposes other than those intended by us; and
  • 12. Not upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

The determination as to whether you or any other person is or is not complying with the Terms of Service, including this Code of Conduct, will be made by COLOSSALSPARK in its sole and absolute discretion. We will have no liability to you as a result of (i) any determination that you have violated the Terms of Service; (ii) any determination that any other person has or has not violated the Terms of Service; or (iii) any failure by COLOSSALSPARK to enforce the Terms of Service. You assume all risks of harm, injury or damage associated with or caused by your or any other person’s failure to comply with the Terms of Service, including this Code of Conduct.

SAMPLE NDA/NO LEGAL ADVICE PROVIDED

This Site provides a sample Non-Disclosure and Confidentiality Agreement (the “NDA”) which you may use and require other users to agree to before viewing your ideas and/or briefs. COLOSSALSPARK provides this NDA solely for your convenience and makes no representations or warranties that the NDA is legally binding or appropriate for your situation. COLOSSALSPARK urges you to review the NDA carefully and to consult your attorney regarding its use. You bear the sole responsibility for the use of the NDA and for the confidentiality of your confidential and proprietary information. This Site may provide general information regarding legal issues commonly faced by persons in the marketing and advertising industries, including but not limited to sample documents and/or links to third party web sites that provide legal information, services or agreements. This information is provided solely for general informational purposes and is not intended to be and shall not constitute legal advice. We are not attorneys and this information was not prepared by attorneys. We make no representation that such information is accurate or complete or applies to you or your situation. Without limiting the generality of the foregoing, we make no representation that any sample agreement or document available from or through this Site is accurate or legally binding or applicable to you or your situation. If you have any questions regarding the law or how it applies to you or your situation, you should consult an attorney of your choice.

DISCLAIMERS AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, COLOSSALSPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COLOSSALSPARK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COLOSSALSPARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE WITH REGARD TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. YOU (I.E., NOT COLOSSALSPARK) ASSUME THE COMPLETE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WE RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THIS WEBSITE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT THAT YOU COMMUNICATE WITH COLOSSALSPARK’S CUSTOMER SERVICE DEPARTMENT OR A COLOSSALSPARK REPRESENTATIVE THROUGH ANY SOURCE THE STATEMENTS, PROMISES OR ACTIONS TAKEN BY SUCH SOURCES SHALL NOT LIMIT OR OTHERWISE MODIFY THE TERMS OF THIS DISCLAIMER AND/OR THIS USER AGREEMENT AND THIS DISCLAIMER AND THESE TERMS OF SERVICE SHALL APPLY TO ANY INFORMATION PROVIDED TO YOU THROUGH SUCH SOURCES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COLOSSALSPARK, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE, WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY COLOSSALSPARK, YOU OR ANY THIRD PARTY AND REGARDLESS OF WHETHER COLOSSALSPARK IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL COLOSSALSPARK HAVE ANY LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEEDING THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

THIRD PARTY HYPERLINKS

The appearance of external hyperlinks and/or other materials generated by users and third parties does not constitute an endorsement by COLOSSALSPARK, its subsidiaries and affiliates, of the opinions or views expressed by these third party web sites. COLOSSALSPARK explicitly disclaims any responsibility for the accuracy, content, availability, currency, completeness or quality of the content contained at these sites. Further, COLOSSALSPARK is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither COLOSSALSPARK nor its subsidiaries and affiliates are responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. COLOSSALSPARK encourages discretion when browsing the internet using anyone’s service. Because some sites employ automated search results or otherwise link you to sites containing information that may be deemed inappropriate or offensive, COLOSSALSPARK cannot be held responsible for the accuracy, copyright compliance, legality, or decency of material contained in third-party sites, and you hereby irrevocably waive any claim against us with respect to such sites. Thus, under no circumstances will COLOSSALSPARK be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites. COLOSSALSPARK cannot ensure that you will be satisfied with any products or services that you obtain from a third-party site that links to or from COLOSSALSPARK, since such sites are owned and operated by third parties. COLOSSALSPARK does not endorse any of the merchandise or services, nor has COLOSSALSPARK taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. COLOSSALSPARK does not make any representations or warranties as to the security of any information (including without limitation, credit card and other personal information) you may be required to provide on a third-party site, and you hereby irrevocably waive any claim against COLOSSALSPARK with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Please make sure you review COLOSSALSPARK’s Privacy Policy for all details regarding COLOSSALSPARK’s use of your personal information.

UNAUTHORIZED LINKS TO SITE

By using this website, you specifically agree not to link to any pages within the Site without COLOSSALSPARK’s express written approval. If you do not receive such express written approval prior to linking to an internal page on the Site, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the Site, without COLOSSALSPARK having to post any bond or other surety therefor.

ADS AND MALWARE

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. When we find them on our end, we will fix them. Unfortunately, your home computer may cause some glitches that effect how you see our Site that are beyond our control. If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. While we continuously work closely with our partners to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit. Please note that we are not responsible for the effects of any third-party software including Malware on your computer system.

DENIAL OF ACCESS

COLOSSALSPARK, for any reason and at its sole discretion, may decide that any person shall be denied access to any part of the Site. The sending of an email notice by COLOSSALSPARK to any email address associated with an Account subject to the denial shall constitute complete and sufficient notice of the denial. By agreeing to these Terms of Service, you agree to cease and desist immediately from any attempt to access the Site upon issuance of a denial. If you do not cease and desist, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from attempting to access the Site, without COLOSSALSPARK having to post any bond or surety therefor.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless COLOSSALSPARK, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you or any person using your Account. COLOSSALSPARK reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with COLOSSALSPARK in asserting any available defenses.

JURISDICTION

The Terms of Service and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of the State of Illinois applicable to contracts executed and performed entirely therein (without regard to any principles of conflicts of laws). You hereby agree that any action at law or in equity arising out of or relating to these Terms of Service or the site shall be filed only in the state or federal courts located in the County of Cook, in the State of Illinois. Further, you hereby expressly consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Notwithstanding the foregoing, COLOSSALSPARK shall be entitled to seek in any court of appropriate jurisdiction equitable or injunctive relief to enforce these Terms of Service.

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole and absolute discretion, of users who are infringers of copyright. Notifications of claimed copyright infringement must be sent to the Service Provider’s Designated Agent:
Service Provider: Colossal Spark Inc
Name of Agent Designated to Receive Notification of Claimed Infringement: Burkhard Hormann
Full Address of Designated Agent to Which Notification Should be Sent:
Colossal Spark Inc.
244 5th Avenue Sutie 200
New York, NY 10001
USA
Telephone Number of Designated Agent: +1 (212) 340 1125
Facsimile Number of Designated Agent: +1 (646) 568 6568
E-Mail Address of Designated Agent: info@colossalspark.com
To be effective, the notification must be a written communication that includes the following:
  • A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to a physical address if we have one in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which COLOSSALSPARK may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

MISCELLANEOUS:

COLOSSALSPARK operates and controls the Site in the United States of America. COLOSSALSPARK makes no representation that the Site is appropriate or available in other locations. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Site is subject to United States export controls. Thus, no software from this Site may be downloaded, exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading any software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

These Terms of Service contain the entire understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. The privileges granted to you under this Agreement will terminate immediately and automatically without notice from COLOSSALSPARK if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Upon such termination, you must destroy all Materials obtained from this Site (or any other web site or source), and all copies thereof, whether or not made under the terms of this Agreement.

If any provision of these Terms of Service is found to be illegal or unenforceable, the Terms of Service will be curtailed to the limited extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.

In interpreting these Terms of Service, the English version governs the interpretation and meaning of the obligation set forth herein. To the extent there is an ambiguity or conflict with the Terms of Service in other languages, the Terms of Service in English governs.

Updated: October 1, 2013.