The terms “you” and “User” refer to anyone who accesses this web site. The terms “we”, “us”, and ”Company” refer to Spark Network.
- USE OF THE WEB SITE
Spark Network grants you a non-exclusive, non-transferable, limited, revocable license to access and use the web site and its Content (as defined below) subject to the terms set forth below.
The content of the Web includes, but is not limited to, text, data, reports, images, photos, graphics, graphs, charts, animations, and videos (collectively, the “Content”).
You agree not to copy, reproduce, modify, display, perform, publish, distribute, transmit, broadcast, circulate, create derivative works from, store, or link to the web site or any Content without the express prior written consent of Spark Network (which may be in the form of an email). To request consent for uses such as linking to Content on your Web site, please contact Spark Network at [email protected] Without limiting the foregoing, the Content may not be used in connection with the creation, structuring, development, calculation, compilation, publication or distribution of any financial instrument or product or any index or investment strategy.
- INTELLECTUAL PROPERTY RIGHTS OF SPARK NETWORK
- INTELLECTUAL PROPERTY RIGHTS IN LICENSED CONTENT
Material that appears on the website is provided by Spark Network and/or third parties. Third parties who provide materials have done so under a direct license agreement with Spark Network (“Licensed Content”). Licensed Content is the property of such third parties who have contracted with Spark Network to calculate and maintain such Licensed Content. The Licensed Content is not sponsored by Spark Network or its affiliates or its third party licensors. Spark Network Parties will not be liable for any errors or omissions in calculating Licensed Content. “Calculated by Spark Network” and the related stylized mark(s) are service marks of Spark Network Parties and have been licensed for use by the Licensed Content provider.
The Licensed Content is not sponsored, endorsed, sold or promoted by Spark Network Parties. Spark Network Parties does not make any representation or warranty, express or implied, to the owners of the Licensed Content or any member of the public regarding the advisability of investing in securities generally or in the Licensed Content particularly or the ability of an index to track general market performance. Spark Network Parties’ only relationship to the relevant third party with respect to the Licensed Content is the licensing of the underlying indices, certain trademarks, service marks and trade names of Spark Network Parties, and the provision of the calculation services related to such underlying indices. Spark Network Parties are not responsible for and have not participated in the determination of the prices and amount of the Licensed Content or the timing of the issuance or sale of the Licensed Content or in the determination or calculation of the equation by which the Licensed Content may be converted into cash or other redemption mechanics. Spark Network Parties have no obligation or liability in connection with the administration, marketing or trading of the Licensed Content. Spark Network LLC is not an investment advisor. Inclusion of a security within an underlying index is not a recommendation by Spark Network Parties to buy, sell, or hold such security, nor is it investment advice.
- THE USER’S CONTENT
Material that appears on the web site that is entered by you or other Users is referred to as “User Content” or “Other Content”.
You grant to Spark Network the non-exclusive worldwide right to use, publish, distribute, and/or repurpose all material entered, submitted, uploaded, or transmitted into the web site by you (other than third-party material transmitted through private electronic mail) in any of Spark Network or its affiliates print or electronic publications. You will not receive any compensation from Spark Network or its affiliates in connection with your submission of Other Content to the web site.
Users submitting Other Content into the web site are responsible for the content of that material. Neither Spark Network nor any of its affiliates have any responsibility for Other Content, including the content of any messages or information posted by Users, or for the content of information accessible via direct or indirect hyperlinks from the web site. However, Spark Network retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Other Content that Spark Network deems to be illegal, offensive, irrelevant, or otherwise inappropriate. Further, Spark Network will act expeditiously to remove any Other Content from the web site that is alleged to be infringing. See Section 11 below.
You may not input or distribute any material through the Spark Network web site that is promotional in nature, including solicitations for funds or business, without the prior written authorization of Spark Network.
- ANTI-HACKING PROVISION
You expressly agree not to:
- use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data-mining,” “computer code” or any other automated device, program, tool, algorithm, process, or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the web site, or Content found on or accessed through the web site or any Other Content without the prior express written consent of Spark Network;
- obtain or attempt to obtain through any means any materials or information on the web site that have not been intentionally made publicly available either by their public display on the web site or through their accessibility by a visible link on the web site;
- violate the restrictions in any robot inclusion headers on this web site or in any way bypass or circumvent any other measure employed to limit or prevent access to the web site or its Content;
- violate the security of the web site or attempt to gain unauthorized access to the web site, its Content and Other Content, or the computer systems, networks or servers of Spark Network, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the web site or any activities conducted on or through the web site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the web site;
- take or attempt any action that, in the sole discretion of Spark Network, imposes or may impose an unreasonable or disproportionately large load or burden on the web site or Spark Network’ infrastructure; and/or
- misuse the web site by knowingly introducing viruses, Trojans, worms, logic bombs or other materials that is malicious or technologically harmful.
- LIMITATION ON WARRANTIES AND LIABILITY
Access to the web site and all Content is provided “as is”. Neither Spark Network, nor its affiliates, nor their third party providers guarantee the accuracy, completeness, timeliness or availability of any information provided through this web site including the Content and Other Content. Spark Network, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents are not responsible for any errors or omissions, regardless of the cause, or for the results obtained from the use of the website, the Content and/or Other Content. SPARK NETWORK DOES NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. THIS INCLUDED LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARK NETWORK, ITS AFFILIATES AND THEIR THIRD PARTY PROVIDERS DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE INCLUDING the Content and Other Content. In no event shall Spark Network, its affiliates or their third party providers and their directors, officers, shareholders, employees or agents be liable to any party for any direct, indirect, incidental, exemplary, compensatory, punitive, special or consequential damages, costs, expenses, legal fees, or losses (including, without limitation, lost income or lost profits and opportunity costs) in connection with any use of the website, the Content and/or Other Content even if advised of the possibility of such damages.
The opinions, observations, and analysis of Spark Network and its affiliates contained in the Content are statements of opinion as of the date they are expressed and not statements of fact or recommendations to purchase, hold, or sell any securities or make any investment decisions. Spark Network assumes no obligation to update any Content following publication. Users of the Content provided through this web site should not rely on any of it in making any investment decision. Spark Network’ opinions, observations and analyses do not address the suitability of any security. Spark Network does not act as a fiduciary or an investment advisor. While Spark Network has obtained information from sources it believes to be reliable, Spark Network does not perform an audit and undertakes no duty of due diligence or independent verification of any information it receives. Spark Network keeps its activities separate from the activities of its affiliates in order to preserve the independence and objectivity of each of these activities. As a result, certain affiliates of Spark Network may have information that is not available to Spark Network.
- ADDITIONAL LEGAL TERMS
- DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION OF CLAIMS OF INFRINGEMENT.
If you believe that Content or Other Content published on this web site is infringing, please CLICK HERE to contact Spark Network’ agent. You may also send a notice to Spark Network, LLC
125 W Chestnut Ave
Monrovia, California 91016
Attn. Legal Department or via email to [email protected] We will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.
- HOW TO CONTACT US
By email at [email protected]
Spark Network Network, LLC
125 W Chestnut Ave
Monrovia, California 91016