Service Agreement

Updated: January 30, 2014

This Terms of Service Agreement ("Agreement") is derived from the Sparkology Principles, and governs our relationship with users and others who interact with Sparkology - a community run by Sparcology LLC. By using or accessing our services, you agree to this Agreement. We will continue to do whatever we reasonably can to create a superior user experience, but we look to you, our users, to help keep the site clean and healthy.

Membership on Sparkology is void where prohibited. By using our services, you must have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Privacy

We value the privacy of our members. We have created the Privacy Policy to make important disclosures about how you can use Sparkology to meet people and how we collect and use your content and information.

Ownership of Content and Information

  • You are solely responsible for and own all of the content and information you post on Sparkology, for which you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, worldwide license to use any content that you post on or in connection with Sparkology.
  • When you delete IP content, we delete it from our systems. However, you understand that removed content may persist in backup copies for a reasonable period of time. Content that you have shared publicly or while using the service may not always be recoverable and destroyable.
  • Sparkology is under no obligation to review any messages, information or content posted by users and assumes no responsibility or liability related to them. However, we have the right to review, edit, and delete any content that, in our sole judgment, violates this Agreement.

Safety

While we cannot guarantee safety, we do our best to keep Sparkology a clean and welcoming environment. Here are three ways you are expected to help:

Be nice to your fellow members:

  • You will not provide any false personal information.
  • You will be truthful in your profile and interactions, and provide accurate current photographs of yourself.
  • You will not create an account for anyone other than yourself or access an account belonging to someone else.
  • You will not maintain more than one account.
  • You will not bully, intimidate, or harass any other user.
  • You will not post content that is unlawful, harmful, threatening, abusive, malicious, misleading discriminatory, harassing, defamatory, vulgar, obscene, pornographic, violent, profane, hateful, racially, ethnically or otherwise objectionable material of any kind

Be nice to Sparkology:

  • You will not collect users' content or information, or otherwise access Sparkology, using automated means without our written permission.
  • You will not upload or post viruses or other malicious code.
  • You will not do anything that could disable, overburden, or impair the proper working of Sparkology, such as a denial of service attack.
  • You will not facilitate or encourage any violations of this Agreement.

Don't use Sparkology for your own commercial gain. We exist to help you meet great people, not make you money.

  • You will not engage in unlawful commercial/ponzi schemes on Sparkology.
  • You will not send or otherwise post unauthorized commercial communications on Sparkology.

SPARKOLOGY DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS OF ITS MEMBERS. Please refer to the corporate FAQs for our rationale. Please refer to our Safety Tips to help avoid unsafe encounters.

In order to keep unsavory users away, Sparkology may block certain IP addresses from accessing the website.

Registration and Account Security

Sparkology users provide sensitive information about themselves so security is very important to us. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • If we disable your account for any reason, you will not create another one without our permission.
  • You will not use your personal profile for your own commercial gain (such as selling your status update to an advertiser).
  • You will not use Sparkology if you are under 18.
  • You will not use Sparkology if you are married, even if separated.
  • You will not use Sparkology if you are a convicted sex offender or currently serving in prison.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • If you select a username for your account that we believe is not in accordance with our principles, we reserve the right to remove it. We will assign a temporary name in the interim and notify you so you can change it to a new personal name.
  • You understand that we cannot fully verify university attendance and rely on the member's university email address to verify affiliation. There are certainly ways around this verification method, and we ask for your help in identifying members who falsified their alumni status.

Our Ability to Take Action

In order to keep the high quality level of our service, we need the ability to enable, tweak, or disable certain features (temporarily or permanently).

We may alter, suspend, or discontinue the service at any time, including the availability of any services, features, or content. We may also impose limits on certain features and aspects of the content or restrict your access to part or all of the content without notice or liability.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

  • You will not post content or take any action on Sparkology that infringes or violates someone else's rights or otherwise violates the law.
  • If you repeatedly infringe on other people's intellectual property rights, we will disable your account at our discretion.
  • You will not use our copyrights or trademarks (including Sparkology, Natural Selection. Evolved., Sparks, or any confusingly similar marks), without our written permission.
  • You will not post anyone's identification documents or sensitive financial information on Sparkology.

Communication

We will need to communicate with you while you are using the service and also give you the opportunity to change your communication preferences.

  • You agree that we may use the email address you provide during registration to send you services notices, including any notices required by law, in lieu of postal mail
  • We may also send you additional notices, including alerts regarding your interactions with the website, relevant service information, and special offers. You may opt out or change the frequency of these emails on the Account Preferences page.

Term and Termination

This agreement becomes effective in full force while you use the website and/or are a member. Just as you can walk away from using this service without giving us a reason, we can terminate the service as well. We need to be able to do so quickly in case a malicious user is found on our systems, for example.

  • Either you or Sparkology may terminate your account at any time, for any reason or no reason, without explanation, effective upon sending written notice to the other party.
  • Sparkology reserves the right to immediately suspend or terminate your access to any of the services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our services and any other records at any time at our sole discretion.
  • In the event your access to any of the services is suspended due to the breach of this Agreement, you agree that all fees then paid to Sparkology by you will be nonrefundable and all outstanding or pending payments will immediately be due.
  • If Sparkology suspends your services and you are not in violation of this Agreement, you will be entitled to a pro rata refund, provided that the dollar amount of the refund is greater than $5.00

Refunds

General Refunds

Sparkology is confident in our services and strives to deliver customer satisfaction. Therefore, we offer a 24 hour no-hassle refund policy. Simply deactivate your account on the Account page and send an email to service@sparkology.com within 24 hours of authorizing a purchase on your credit card indicating:

  1. Your email used to log into the website
  2. Your Sparkology user name
  3. Optional: reason for cancellation

We will acknowledge receipt of this email within 24 hours and your last payment will be refunded within 10 days. You may only ask for one refund in a given calendar year. Some of the Services have a feature for recurring monthly billing. You will be notified if you are signing up for one of these Services at the time of purchase. In addition, before the second month of service only, you will receive an email reminding you that your chosen form of payment will be charged again before the charge is made, in case you would like to make any changes. Please note that cancellation of a recurring payment must be made two (2) business days before the renewal billing date. By agreeing to these Terms and Services, you consent to such recurring billing.

Concierge Services Refund and Cancellation Policy

We will issue 100%, no-hassle refunds on all concierge services purchases before those services are rendered, less the late cancellation fees stated below. To receive a refund, simply send an email to service@sparkology.com with your request. If you’ve already begun speaking with an individual concierge, we ask that you cc them in the email as well. All concierge services not utilized within 6 months after purchase will be considered forfeited and not eligible for a refund.

If you need to cancel a previously scheduled one-on-one meeting with a concierge, you must do so no later than 24 hours prior to our meeting. If the meeting is cancelled within the 24-hour period prior to the meeting, a cancellation fee of 50% of the cost of services will be assessed. This fee will rise to 80% if cancellation is made after a concierge has left for an in-person session.

Payment/Purchases

Sparkology is a paid service – maintaining a paid service helps us vet our members and greatly reduces the number of false accounts. We want to make sure you understand the basic principles of payment:

  • You agree to pay Sparkology all charges at the prices then in effect for any use of the service by you, and you authorize Sparkology to charge you through your selected payment method for the service.
  • If you are enrolled in a subscription payment plan, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of the service.
  • You agree to keep your payment information current
  • If Sparkology changes the pricing for its subscription membership plan (excluding any changes in sales tax), we will notify you at least 10 days in advance of your next transaction
  • Sparkology may submit periodic subscription charges without further authorization from you, until you terminate this authorization or wish to change your payment method. Such notice will not affect charges submitted before Sparkology could reasonably act
  • Your subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate unless you terminate your membership
  • The terms of your payment will be based on your payment method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method. If Sparkology does not receive payment from your provider, you agree to pay all amounts due upon demand.
  • To minimize credit card transaction fees and keep your fees low, we may aggregate several charges and perform one transaction at the end of each calendar month

Advertisements and Strategic Partnerships

We may engage in tasteful promotions with strategic partners that are aligned with Sparkology's standards for quality.

  • To show ads that are most relevant to you, we may allow advertisers to filter ad distribution based on non-identifiable content in your profile.
  • We will not share your personal information directly with advertisers without your consent.
  • You understand that we may not always identify paid services and communications as such.
  • You understand that your dealings with advertisers found on our website are solely between you and such advertiser. We are not liable for any loss or damage you may incur with other businesses, even if they were promoted on our website

Amendments and Changes

We strive to continually improve our service in response to the feedback from our members and thus may need to amend this Agreement.

We may amend or change this Agreement from time to time by updating this page and the date at the top of the page. You may request copies of old versions of the Agreement by emailing service@sparkology.com

Your continued use of the Service after any such changes constitutes your acceptance of the new Agreement

Definitions

Here are some basic definitions regarding the verbiage in this Agreement.

Sparkology, LLC ("Sparkology" "we" "our" or "us") is the owner and operator of www.sparkology.com, www.sparkology.com, and any linked pages, social networking sites, or applications (the "site") and is the provider of the services available on the site (collectively, the "services").

Here are some other definitions:

  • "information" includes the facts and other information about you, including actions you take.
  • "content" includes anything you post on Sparkology that would not be included in the definition of "information."
  • "data" includes content and information that can be retrieved.
  • "post" is when you post on Sparkology or otherwise make information and content available to us.
  • "use" means use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
  • "user" means any person that accesses our website or content
  • "member" means a registered member of our service

Warranty

Just like your radio comes with a warranty, we need to explain our warranty. However, websites like ours cannot be "repaired" like a radio, so our warranty is a bit different. Our website is provided "as is".

THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SPARKOLOGY PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPARKOLOGY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. SPARKOLOGY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.

Our Content

Sparkology's service includes many tips and guides related to dating. However, it is important for you to understand that this information is for informational and entertainment purposes only and not intended to replace or substitute any professional financial, medical, legal, or other advice. We make no representations or warranties concerning any treatment, action by, or effect on any person following the information offered or provided within or through the website.

There may be links to other websites found on Sparkology's website. Sparkology is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

You should not rely upon opinions, advice, statements, offers, or other information or content made available through the services, but not directly by Sparkology. Those authors are solely responsible for such content and Sparkology cannot guarantee the accuracy, completeness, or usefulness of their content. We also cannot be held liable for that content.

Responsibility and Liability

Sparkology exists to support quality singles in meeting each other. We need to make certain that you understand the limitations of our responsibility. While we aim to create a safe environment, you are responsible for the wellbeing of your property and yourself. Just like you wouldn't blame a bar for meeting a bad person there, you should not blame us for the people you meet here.

  • You will not hold Sparkology responsible for the conduct, whether online or offline, of any user of the service. You are strongly advised to use discretion and follow all applicable safety precautions when interacting with other users.
  • You will not hold Sparkology 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 the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service or any content posted/transmitted via the Service.
  • You agree to take reasonable precautions in all interactions with other Members of the service, particularly if you decide to meet offline or in person. You also agree to take precautions regarding the release of your financial information.
  • We use commercially reasonable methods to keep your data secure. However, certain employees and contractors may require access to such data to provide a high level of service. Thus, the use of this website and the content is at your own risk and the company assumes no liability or responsibility pertaining to the content, your use of the web site or the receipt, storage, transmission, or other use of your personal information.
  • You understand that we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications.
  • You understand that Sparkology makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service.

Dispute

You agree that the limit of Sparkology's liability is the purchase price paid by you for the services rendered over the prior 12 months, not to exceed $250.

You will resolve any claim, cause of action, or dispute ("claim") you have with us arising out of or relating to this Statement or Sparkology exclusively in a state or federal court located in Palm Beach County. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Palm Beach County, Florida for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on Sparkology, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

Mandatory U.S. Export Controls

Software from this Website (the "Software") is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) 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 or using the 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.

Proprietary Rights

Sparkology owns and retains all proprietary rights in the website and the service. The website contains the copyrighted material, trademarks, and other proprietary information of Sparkology, and its licensors. You may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information unless it is available in the public domain or you have written permission to do so.

We always appreciate your feedback or other suggestions about Sparkology, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).

Claims of Copyright or Claims of Infringement

Sparkology respects the intellectual property of others, and we ask our users to do the same. Sparkology may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the Site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Sparkology's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail: Copyright Agent
c/o Sparkology
255 NE 3rd Ave, Suite 510
Delray Beach, FL 33444
USA
By email: service@sparkology.com

Other

  • The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts, and unincorporated associations.
  • All references to money amounts in this Agreement and on the web site, unless otherwise specified, are in United States dollars.
  • If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
  • All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • You will comply with all applicable laws when using or accessing Sparkology.