Double Dutch Studios, Inc (d/b/a inSparq) (“inSparq,” “we,” “us,” or “our”) welcomes you. We’re really excited that you have decided to access and use the InSparq website (the “Website”), our sharing icons and/or web applications (the “inSparq Widgets”).
1. DESCRIPTION AND USE OF INSPARQ SERVICES
inSparq offers online sharing tools and applications that allow users to share content and products with other people via Facebook, Twitter, SMS, email and other social networks and communication channels (collectively, “Social Media”). We also partner with third party websites that include the inSparq Widgets on their website (“Publishers”). The same technology that we use to assist with user sharing also allows us to gather information from the Publishers’ web sites, and enable the Publishers and other third parties to use the information we gather through our technology to provide you with relevant, targeted advertising and better customer service and experiences (the “inSparq Services”)
Although the inSparq Widgets are included on the Publishers’ websites, we are not a party to any transaction you make with the Publishers. Accordingly, we shall have no liability to any party in connection with such transactions.
We provide Users with access to the InSparq Services as described in this Agreement.
Login is not required to use the inSparq Services. Without becoming a Registered User, you can use the inSparq Services to share content and products with others and email us.
We are under no obligation to accept any individual as a Registered User, and may accept or reject any registration in our sole and complete discretion
2. COMMUNITY GUIDELINES
inSparq’s community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the inSparq Services, you hereby agree to comply with these community rules and that:
- You will not use the inSparq Services for any unlawful purpose;
- Users may not use the inSparq Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company other than those on the originating website; or engaging in any pyramid or other multi-tiered marketing scheme, but Publishers may use the inSparq Services to promote their products and services;
- You will not access or use the inSparq Services to collect any market research for a competing business;
- You will not upload, post, e-mail, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;
- You will not “stalk” or otherwise harass another;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- You will not interfere with or attempt to interrupt the proper operation of the inSparq Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the inSparq Services through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the inSparq Services, or any portion of the inSparq Services, without notice, and to remove any comments that do not adhere to these guidelines.
The inSparq Services are available for individuals aged 13 years or older. If you are 13 or older, but under the age of 18, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
4. UNIQUE IDENTIFIERS
When you send messages, we will ask you to provide certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”). You must provide true, accurate, current, and complete information. You are solely responsible for the confidentiality and use of your Unique Identifiers, as well as for any use, misuse, or communications entered through the inSparq Services using one or more of them. You will promptly inform us of any need to deactivate a Unique Identifier. InSparq will not be liable for any loss or damage caused by any unauthorized use of your account.
5. INTELLECTUAL PROPERTY
The inSparq Services contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of InSparq (collectively referred to as the “Content”). The Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited
If you violate any part of this Agreement, your permission to access and/or use the Content and the inSparq Services automatically terminates and you must immediately destroy any copies you have made of the Content.
The trademarks, service marks, and logos of InSparq (“InSparq Trademarks”) used and displayed on the inSparq Services are registered and unregistered trademarks or service marks of InSparq. Other company, product, and service names located on the inSparq Services may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with InSparq Trademarks, the “Trademarks”). Nothing on the inSparq Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of InSparq Trademarks inures to our benefit.
Elements of the inSparq Services are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
6. COMMUNICATIONS TO US; USER SUBMISSIONS; AND PUBLICITY
Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to all e-mails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.
You retain all copyrights and other intellectual property rights in and to anything you post to the Service, including text and photographs. You do, however, grant us an irrevocable, non-exclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute, publish, perform, sublicense, and create derivative works from all submissions you provide to us in any media now known or hereafter devised and for any purpose, and the right, but not the obligation, to use any such material, including, without limitation, your name, image, likeness, photograph, and Sign-In Name to advertise and promote the inSparq Services and/or InSparq.
7. NO WARRANTIES/LIMITATION OF LIABILITY
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE INSPARQ SERVICES OR THE PRODUCTS AND SERVICES OF THE PUBLISHERS. WE SHALL NOT BE SUBJECT TO LIABILITY FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICE FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE INSPARQ SERVICES AT YOUR OWN RISK.
WE DO NOT WARRANT THAT THE INSPARQ SERVICES WILL OPERATE ERROR-FREE OR THAT THE INSPARQ SERVICES OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE INSPARQ SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS.
THE INSPARQ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE INSPARQ SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
THE INSPARQ SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE SERVICE. THE INSPARQ SERVICES MAY CONTAIN INFORMATION ON THE PRODUCTS AND SERVICES OF PUBLISHERS, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR SERVICE SHARED THROUGH ON THE INSPARQ SERVICES DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE INSPARQ SERVICES AT ANY TIME WITHOUT NOTICE.
9. EXTERNAL SITES
The inSparq Services may contain links to third-party websites, including the websites of Publishers (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use, or misuse of the Content or the inSparq Services. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
11. COMPLIANCE WITH APPLICABLE LAWS
The inSparq Services is based in the United States. We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the inSparq Services from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
12. TERMINATION OF THE AGREEMENT
We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the inSparq Services, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the inSparq Services at any time without prior notice or liability.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
InSparq respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content or user submissions deemed to have been posted or distributed in violation of any such laws.
Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:InSparq Attention: DMCA 25 Minetta Ln, 3C New York, NY 10012
If you believe that your work has been copied on the inSparq Services in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the inSparq Services where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. You expressly agree: (i) to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New York; and (ii) that the inSparq Services shall be deemed a passive one that does not give rise to personal jurisdiction over InSparq, either specific or general, in jurisdictions other than New York. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction or terminated in accordance with the Termination provision above, the invalidity or termination of such provision shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Communications to InSparq,” “No Warranties/Limitation of Liability,” “Indemnification,” “Termination of the Agreement,” and “Miscellaneous.”
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.