Terms of Service

Terms of Service:

The fol­low­ing terms and con­di­tions gov­ern all use of the artbelowzero.com web­site and all con­tent, ser­vices and prod­ucts avail­able at or through the web­site. The Website is owned and oper­ated by sprks.com The Website is offered sub­ject to your accep­tance with­out mod­i­fi­ca­tion of all of the terms and con­di­tions con­tained herein and all other oper­at­ing rules, poli­cies (includ­ing, with­out lim­i­ta­tion, our pri­vacy pol­icy) and pro­ce­dures that may be pub­lished from time to time on this Site (col­lec­tively, the “Agreement”).

Please read this Agreement care­fully before access­ing or using the Website. By access­ing or using any part of the web site, you agree to become bound by the terms and con­di­tions of this agree­ment. If you do not agree to all the terms and con­di­tions of this agree­ment, then you may not access the Website or use any ser­vices. If these terms and con­di­tions are con­sid­ered an offer by us, accep­tance is expressly lim­ited to these terms. The Website is avail­able only to indi­vid­u­als who are at least 13 years old.

1. If you cre­ate an account, you are fully respon­si­ble for all activ­i­ties that occur under the account and any other actions taken in con­nec­tion with the blog. You must not describe or assign key­words to your blog in a mis­lead­ing or unlaw­ful man­ner, includ­ing in a man­ner intended to trade on the name or rep­u­ta­tion of oth­ers, and we may change or remove any descrip­tion or key­word that it con­sid­ers inap­pro­pri­ate or unlaw­ful, or oth­er­wise likely to cause us lia­bil­ity. You must imme­di­ately notify us of any unau­tho­rized uses of your blog, your account or any other breaches of secu­rity. Automattic will not be liable for any acts or omis­sions by You, includ­ing any dam­ages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you use our sites, com­ment on our sites, post mate­r­ial to the Website, post links on the Website, or oth­er­wise make (or allow any third party to make) mate­r­ial avail­able by means of the Website (any such mate­r­ial, “Content”), You are entirely respon­si­ble for the con­tent of, and any harm result­ing from, that Content. That is the case regard­less of whether the Content in ques­tion con­sti­tutes text, graph­ics, an audio file, or com­puter soft­ware. By mak­ing Content avail­able, you rep­re­sent and war­rant that:

The down­load­ing, copy­ing and use of the Content will not infringe the pro­pri­etary rights, includ­ing but not lim­ited to the copy­right, patent, trade­mark or trade secret rights, of any third party;
If your employer has rights to intel­lec­tual prop­erty you cre­ate, you have either (i) received per­mis­sion from your employer to post or make avail­able the Content, includ­ing but not lim­ited to any soft­ware, or (ii) secured from your employer a waiver as to all rights in or to the Content;
You have fully com­plied with any third-party licenses relat­ing to the Content, and have done all things nec­es­sary to suc­cess­fully pass through to end users any required terms;
The Content does not con­tain or install any viruses, worms, mal­ware, Trojan horses or other harm­ful or destruc­tive content;he Content is not spam, is not machine– or randomly-generated, and does not con­tain uneth­i­cal or unwanted com­mer­cial con­tent designed to drive traf­fic to third party sites or boost the search engine rank­ings of third party sites, or to fur­ther unlaw­ful acts (such as phish­ing) or mis­lead recip­i­ents as to the source of the mate­r­ial (such as spoof­ing);
The Content is not porno­graphic, does not con­tain threats or incite vio­lence towards indi­vid­u­als or enti­ties, and does not vio­late the pri­vacy or pub­lic­ity rights of any third party;
You do not mis­lead view­ers into think­ing that you are another per­son or com­pany.
You have, in the case of Content that includes com­puter code, accu­rately cat­e­go­rized and/or described the type, nature, uses and effects of the mate­ri­als, whether requested to do so by us or otherwise

By sub­mit­ting Content to us, you grant us a world-wide, royalty-free, and non-exclusive license to repro­duce, mod­ify, adapt and pub­lish the Content solely for the pur­pose of dis­play­ing, dis­trib­ut­ing and pro­mot­ing your blog. If you delete Content, we will use rea­son­able efforts to remove it from the Website, but you acknowl­edge that caching or ref­er­ences to the Content may not be made imme­di­ately unavailable.

Without lim­it­ing any of those rep­re­sen­ta­tions or warranties,we  have the right (though not the oblig­a­tion) to, in our sole dis­cre­tion (i) refuse or remove any con­tent that, in our rea­son­able opin­ion, vio­lates our poli­cies or is in any way harm­ful or objec­tion­able, or (ii) ter­mi­nate or deny access to and use of the Website to any indi­vid­ual or entity for any rea­son, in our sole dis­cre­tion. We will have no oblig­a­tion to pro­vide a refund of any amounts pre­vi­ously paid.

1. Payment and Renewal.
   • General Terms. Any paid ser­vices avail­able on the Website may be charged on a pre-pay basis on the day you sign up for them and will cover the use of that ser­vice for a monthly or annual sub­scrip­tion period as indi­cated. Fees may not be not refundable.
   • Automatic Renewal. Unless you notify us before the end of the applic­a­ble sub­scrip­tion period that you want to can­cel your paid ser­vice, your sub­scrip­tion will auto­mat­i­cally renew and you autho­rize us to col­lect the then-applicable annual or monthly sub­scrip­tion fee for such ser­vice (as well as any taxes) using any credit card or other pay­ment mech­a­nism we have on record for you. Services can be can­celed at any time.
2. Responsibility of Website Visitors. We have not reviewed, and can­not review, all of the mate­r­ial, includ­ing com­puter soft­ware, posted to the Website, and can­not there­fore be respon­si­ble for that material’s con­tent, use or effects. By oper­at­ing the Website,we  do not rep­re­sent or imply that it endorses the mate­r­ial there posted, or that it believes such mate­r­ial to be accu­rate, use­ful or non-harmful. You are respon­si­ble for tak­ing pre­cau­tions as nec­es­sary to pro­tect your­self and your com­puter sys­tems from viruses, worms, Trojan horses, and other harm­ful or destruc­tive con­tent. The Website may con­tain con­tent that is offen­sive, inde­cent, or oth­er­wise objec­tion­able, as well as con­tent con­tain­ing tech­ni­cal inac­cu­ra­cies, typo­graph­i­cal mis­takes, and other errors. The Website may also con­tain mate­r­ial that vio­lates the pri­vacy or pub­lic­ity rights, or infringes the intel­lec­tual prop­erty and other pro­pri­etary rights, of third par­ties, or the down­load­ing, copy­ing or use of which is sub­ject to addi­tional terms and con­di­tions, stated or unstated. Automattic dis­claims any respon­si­bil­ity for any harm result­ing from the use by vis­i­tors of the Website, or from any down­load­ing by those vis­i­tors of con­tent there posted.
3. Content Posted. We may not be able to review all of the mate­r­ial, includ­ing com­puter soft­ware, made avail­able through the web­sites and web­pages to which we link, and that link to us. We do not have any con­trol over thos web­sites and web­pages, and are not respon­si­ble for their con­tents or their use. By link­ing to another web­site or web­page, we do not rep­re­sent or imply that it endorses such web­site or web­page. You are respon­si­ble for tak­ing pre­cau­tions as nec­es­sary to pro­tect your­self and your com­puter sys­tems from viruses, worms, Trojan horses, and other harm­ful or destruc­tive con­tent. Automattic dis­claims any respon­si­bil­ity for any harm result­ing from your use of web­sites and webpages.
4. Copyright Infringement and DMCA Policy. We ask oth­ers to respect its intel­lec­tual prop­erty rights, and we respect the intel­lec­tual prop­erty rights of oth­ers. If you believe that mate­r­ial located on or linked to by sprks.com vio­lates your copy­right, you are encour­aged to notify us.We  will respond to all such notices, includ­ing as required or appro­pri­ate by remov­ing the infring­ing mate­r­ial or dis­abling all links to the infring­ing mate­r­ial. We will ter­mi­nate a visitor’s access to and use of the Website if, under appro­pri­ate cir­cum­stances, the vis­i­tor is deter­mined to be a repeat infringer of the copy­rights or other intel­lec­tual prop­erty rights of us or oth­ers. In the case of such ter­mi­na­tion, we will have no oblig­a­tion to pro­vide a refund of any amounts pre­vi­ously paid to us.
5. Intellectual Property. This Agreement does not trans­fer from us to you any sprks.com or third party intel­lec­tual prop­erty, and all right, title and inter­est in and to such prop­erty will remain (as between the par­ties) solely with us. Other trade­marks, ser­vice marks, graph­ics and logos used in con­nec­tion with the Website may be the trade­marks of other third par­ties. Your use of the Website grants you no right or license to repro­duce or oth­er­wise use any sprks.com  or third-party trademarks.
6. Advertisements. We reserve the right to dis­play adver­tise­ments on our Websites.
7. Changes. We reserve the right, at its sole dis­cre­tion, to mod­ify or replace any part of this Agreement. It is your respon­si­bil­ity to check this Agreement peri­od­i­cally for changes. Your con­tin­ued use of or access to the Website fol­low­ing the post­ing of any changes to this Agreement con­sti­tutes accep­tance of those changes. We may also, in the future, offer new ser­vices and/or fea­tures through the Website (includ­ing, the release of new tools and resources). Such new fea­tures and/or ser­vices shall be sub­ject to the terms and con­di­tions of this Agreement.
   
8. Termination. We may ter­mi­nate your access to all or any part of the Website at any time, with or with­out cause, with or with­out notice, effec­tive imme­di­ately.  All pro­vi­sions of this Agreement which by their nature should sur­vive ter­mi­na­tion shall sur­vive ter­mi­na­tion, includ­ing, with­out lim­i­ta­tion, own­er­ship pro­vi­sions, war­ranty dis­claimers, indem­nity and lim­i­ta­tions of lia­bil­ity.
   
9. Disclaimer of Warranties. The Website is pro­vided “as is”. We and our sup­pli­ers and licen­sors hereby dis­claim all war­ranties of any kind, express or implied, includ­ing, with­out lim­i­ta­tion, the war­ranties of mer­chantabil­ity, fit­ness for a par­tic­u­lar pur­pose and non-infringement. Neither Automattic nor its sup­pli­ers and licen­sors, makes any war­ranty that the Website will be error free or that access thereto will be con­tin­u­ous or unin­ter­rupted. You under­stand that you down­load from, or oth­er­wise obtain con­tent or ser­vices through, the Website at your own dis­cre­tion and risk.
10. Limitation of Liability. In no event will Automattic, or its sup­pli­ers or licen­sors, be liable with respect to any sub­ject mat­ter of this agree­ment under any con­tract, neg­li­gence, strict lia­bil­ity or other legal or equi­table the­ory for: (i) any spe­cial, inci­den­tal or con­se­quen­tial dam­ages; (ii) the cost of pro­cure­ment or sub­sti­tute prod­ucts or ser­vices; (iii) for inter­rup­tion of use or loss or cor­rup­tion of data; or (iv) for any amounts that exceed the fees paid by you to Automattic under this agree­ment dur­ing the twelve (12) month period prior to the cause of action. We shall have no lia­bil­ity for any fail­ure or delay due to mat­ters beyond their rea­son­able con­trol. The fore­go­ing shall not apply to the extent pro­hib­ited by applic­a­ble law.
11. General Representation and Warranty. You rep­re­sent and war­rant that (i) your use of the Website will be in strict accor­dance with the our Privacy Policy, with this Agreement and with all applic­a­ble laws and reg­u­la­tions (includ­ing with­out lim­i­ta­tion any local laws or reg­u­la­tions in your coun­try, state, city, or other gov­ern­men­tal area, regard­ing online con­duct and accept­able con­tent, and includ­ing all applic­a­ble laws regard­ing the trans­mis­sion of tech­ni­cal data exported from the United States or the coun­try in which you reside) and (ii) your use of the Website will not infringe or mis­ap­pro­pri­ate the intel­lec­tual prop­erty rights of any third party.
12. Indemnification. You agree to indem­nify and hold us harm­less, includ­ing our con­trac­tors, and licen­sors, and their respec­tive direc­tors, offi­cers, employ­ees and agents from and against any and all claims and expenses, includ­ing attor­neys’ fees, aris­ing out of your use of the Website, includ­ing but not lim­ited to your vio­la­tion of this Agreement.
13. Miscellaneous. This Agreement con­sti­tutes the entire agree­ment between sprks.com and you con­cern­ing the sub­ject mat­ter hereof, and they may only be mod­i­fied by a writ­ten amend­ment signed by an autho­rized exec­u­tive of sprks.com, or by the post­ing byus  of a revised ver­sion. Except to the extent applic­a­ble law, if any, pro­vides oth­er­wise, this Agreement, any access to or use of the Website will be gov­erned by the laws of United Kingdom, exclud­ing its con­flict of law pro­vi­sions, and the proper venue for any dis­putes aris­ing out of or relat­ing to any of the same will be ‚the UK. Except for claims for injunc­tive or equi­table relief or claims regard­ing intel­lec­tual prop­erty rights (which may be brought in any com­pe­tent court with­out the post­ing of a bond), any dis­pute aris­ing under this Agreement shall be finally set­tled in accor­dance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbi­tra­tors appointed in accor­dance with such Rules. The arbi­tra­tion shall take place in San Francisco, California, in the English lan­guage and the arbi­tral deci­sion may be enforced in any court. The pre­vail­ing party in any action or pro­ceed­ing to enforce this Agreement shall be enti­tled to costs and attor­neys’ fees. If any part of this Agreement is held invalid or unen­force­able, that part will be con­strued to reflect the par­ties’ orig­i­nal intent, and the remain­ing por­tions will remain in full force and effect. A waiver by either party of any term or con­di­tion of this Agreement or any breach thereof, in any one instance, will not waive such term or con­di­tion or any sub­se­quent breach thereof. You may assign your rights under this Agreement to any party that con­sents to, and agrees to be bound by, its terms and con­di­tions; Automattic may assign its rights under this Agreement with­out con­di­tion. This Agreement will be bind­ing upon and will inure to the ben­e­fit of the par­ties, their suc­ces­sors and per­mit­ted assigns.

Change log: