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

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:

Be nice to Sparkology:

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

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:

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.

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.

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.

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.

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:

Advertisements and Strategic Partnerships

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

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:

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.

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:

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