PRIVACY AND SECURITY
You may not use or access the Site, nor use any content from or related to the Site, in any manner that is illegal, inaccurate, dangerous, derogatory, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property, or otherwise harmful to third parties. In addition, you may not use the Site or any of its content (including, without limitation, intellectual property and trademarks) in a manner that could portray Scarlet Spark, its affiliates, brands, products or services in a misleading, false, negative, derogatory or otherwise offensive manner. In addition, you may not use the Site, nor any of its content, to communicate or transmit: any viruses, trojan horses, worms, harmful or damaging computer code; political campaign messages; solicitation; promotion of goods, services or opportunities; chain letters; “spam” (unsolicited commercial communications); or any other type of mass or commercial communications. You may not use a false email or physical address, impersonate any person or entity, or otherwise mislead us or third parties as to your identity, nor the origin of any submission on the Site.
INTELLECTUAL PROPERTY RIGHTS
All content of the Site including, without limitation, all trademarks, service marks, tag lines or slogans, logos, names, text, copyrightable subject matter, images, graphics, designs, software, music, sound, video, audio-visual recordings, data and products belong exclusively to Scarlet Spark or its suppliers, vendors, service providers or its licensors (collectively, “Vendors”), and is protected by United States and international intellectual property laws. The selection, coordination, arrangement, and enhancement of all content on the Site, as well as any content original to Scarlet Spark, is owned exclusively by Scarlet Spark and is protected by United States and international copyright laws. All rights are reserved by Scarlet Spark.
You may not use any cookies, meta tags or other metadata, or other forms of hidden text or code that include our intellectual property without the express prior written permission of Scarlet Spark. Without limiting the foregoing, you may not use our trademarks, service marks, tag lines or slogans, logos or names in any manner without the express prior written consent of Scarlet Spark. All trademarks that appear on the Site that are not owned by Scarlet Spark are the property of their respective owners. You may not use any trademarks, copyrights or other intellectual property owned by Scarlet Spark in any negative or malicious way or to advertise products or services we do not sell.
VENDOR SOFTWARE AND SYSTEMS
Certain elements of the Site are operated by or use software from Vendors pursuant to contractual agreements with Scarlet Spark. Vendors are not affiliates and have no relationship other than through these commercial arrangements.
COPYRIGHT COMPLAINTS/NOTICES OF COPYRIGHT INFRINGEMENT
If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”): (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works; (iii) 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; (iv) 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; (v) 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 (vi) 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.
All DMCA notices should be sent to our designated agent as follows:
email@example.com, attention: Tania Luna
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Scarlet Spark may provide content of third parties (“Third-Party Content”) or links to websites of third parties (“Third-Party Sites”) as a service to those interested in this information. Scarlet Spark does not monitor, approve or have any control over any Third-Party Content or Third-Party Sites and the inclusion of or links to Third-Party Content or Third-Party Sites does not imply any association or relationship between Scarlet Spark and such third party. You click through at your own risk, and Scarlet Spark makes no representation or warranties about the content, completeness or accuracy of the Third-Party Content or the Third-Party Sites, and all use of any Third-Party Site will be subject to these terms of and conditions of use and privacy policies of such Third-Party Site.
RESERVATION OF RIGHTS
DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK AND THAT THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” YOU UNDERSTAND THAT NEITHER SCARLET SPARK NOR ITS VENDORS PROMISE, GUARANTEE OR WARRANT THAT FILES YOU DOWNLOAD THROUGH THE INTERNET, INCLUDING FROM THIS SITE, WILL BE FREE FROM VIRUSES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT SAFEGUARDS FOR YOURSELF. NEITHER SCARLET SPARK NOR ITS VENDORS ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE INTERNET OR THIS SITE. YOU ASSUME THE ENTIRE RISK AND COST OF ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THIS SITE OR ITS CONTENT.
NEITHER SCARLET SPARK NOR ANY OF ITS VENDORS MAKES ANY, AND EACH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. NEITHER SCARLET SPARK NOR ANY OF ITS VENDORS REPRESENTS OR WARRANTS: THAT THIS SITE, NOR YOUR USE OF THIS SITE, WILL BE SECURE, TIMELY UNINTERRUPTED OR ERROR-FREE; THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT DEFECTS WILL BE CORRECTED; NOR THAT THIS SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE OR WILL BE FREE OF VIRUSES. NEITHER SCARLET SPARK NOR ANY OF ITS VENDORS MAKES ANY REPRESENTATION OR WARRANTY REGARDING ANY USE OF THIS SITE OR ITS CONTENT, NOR ITS ACCURACY, RELIABILITY OR COMPLETENESS, INCLUDING ANY INACCURACIES DUE TO TYPOGRAPHICAL OR TECHNICAL ERRORS OR INACCURACIES.
SCARLET SPARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
CERTAIN JURISDICTION SPECIFIC LAWS MAY NOT ALLOW LIMITATIONS ON SOME OR ALL IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR MAY LIMIT SUCH LIMITATIONS OR EXCLUSIONS. SOLELY TO THE EXTENT OF THE MINIMUM APPLICABILITY OF SUCH LAWS TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
We may terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately. You acknowledge and agree that notice is not required for any such termination to be effective.
CHOICE OF LAW/ FORUM SELECTION