3. Spark Hire Services - What are the Spark Hire Services?
3.4 Video Content and Services – How and when do you record videos?
4. Pricing, Payments, and Billing – How and when will I be billed for Spark Hire Services?
5. Customer Conduct
6. Objectionable Content – What if I find content to be objectionable?
7. Intellectual Property
8. DMCA Policy
9. Reserved for Future Use
10. Resale of Services
12. Disclaimer of Warranties
13. Third Party Links and Products
14. Limitations of Liability
15. Exclusions and Limitations
17. General Terms
“Account” means “Spark Hire Account.”
"Apps" means any applications developed by Spark Hire.
"App Services" means any content and services provided by Spark Hire through its Apps.
"Consumer" means any individual or entity that uses any of the Spark Hire Services. Where applicable, the term "Consumer" shall encompass all Spark Hire Customers.
"Content" means all material, whether publicly posted or privately transmitted, available on or through any of the Spark Hire Services.
“Customer Content” means any Content uploaded to and/or created through the Spark Hire Services by a Spark Hire Customer.
“Employer Customer” means an entity using Spark Hire Services that is seeking to hire an individual as an employee and/or independent contractor to be employed by it directly.
“Job Seeker Customer” means an individual using Spark Hire Services who is seeking to be employed as an employee or independent contractor by an employer.
“Profile Video” means a promotional video created by a Job Seeker Customer to promote themselves as a candidate employee and/or independent contractor. It is not an interview. The Job Seeker Customer completes this independently and on their own.
"Software" means any necessary software used in connection with the Spark Hire Services.
“Spark Hire Account” means an account associated with a Spark Hire Customer who uses or has used Spark Hire Services.
“Spark Hire Content” means any Content excluding Customer Content and Video Content in which Spark Hire does not participate.
“Spark Hire Customer” means any person who uses or has used Spark Hire Services including, but not limited to, Employer Customers, Job Seeker Customers, and Staffing Customers.
"Spark Hire Services" means the suite of features, products and services offered through Spark Hire, its Apps, its App Services, the Website, and the Website Services.
"Spark Hire Trademarks" means any trademarks, tradenames, logos, and other commercial designs of Spark Hire or licensed to Spark Hire, whether or not formal registration exists including, but not limited to, “Spark Hire.”
“Staffing Clients” means third-party employer clients of Staffing Customers.
"Staffing Customer" means a staffing company using Spark Hire Services that provides staffing services to their own Staffing Clients.
"Strategic Partners" means those trusted partners that Spark Hire employs, engages, or retains to perform functions and/or provide services on its behalf.
"Sub Accounts" means subsidiary accounts created for or by an Employer Customer or Staffing Customer (“such as a consultant group or employer”) under its primary account.
"Username" means the valid email address provided by each Spark Hire Customer to be used as their username or login identification.
“Video Content” means any video content created by or associated with any Spark Hire Customer accessible on and through Spark Hire Services including, but not limited to, Profile Videos, Video Questions, Video Interviews, and Welcome Videos.
“Video Interview” means an interview completed through Spark Hire Services using a video or “web” camera that an Employer Customer or Staffing Customer requests a Job Seeker Customer complete. A Video Interview may involve a Job Seeker Customer alone or with other participants from an Employer Customer or Staffing Customer. A Video Interview may be pre-recorded by a Job Seeker in response to questions or occur live at which time it would be recorded.
“Video Question” means a question recorded in video and audio that can be sent to potential employee and independent contractor candidates by an Employer Customer or Staffing Customer.
"Website" means all of the content, information and services (in any format whatsoever) accessible through the World Wide Web at the domain name sparkhire.com.
"Website Services" means the services provided by Spark Hire through the website at the domain name sparkhire.com, hire.li, and any of our other websites that may be used from time to time.
(C) As otherwise required by law.
3. Spark Hire Services.
3.1 Spark Hire provides Internet based services through which individuals seeking employment can efficiently and effectively interview with employers and staffing companies seeking to hire employees and independent contractors.
3.2 Spark Hire provides Spark Hire Services through its Apps and Website, and all other suite of features, products and services offered through Spark Hire from time to time.
3.3 Spark Hire will not sell any Video Content to any third party.
3.4 Video Content and Services.
Spark Hire provides its Spark Hire Customers a variety of video options and tools to use in association with the Spark Hire Services. As a Job Seeker Customer, you can create Profile Videos and Video Interviews.
A Profile Video is your promotional video to promote you as a candidate employee and/or independent contractor. It is not an interview. You complete this independently and on your own.
You create a Profile Video through Spark Hire Services using your webcam and microphone.
If you choose to create and publish a Profile Video using your webcam and microphone through Spark Hire Services, you authorize Spark Hire to record the Profile Video and publish it on Spark Hire as part of your account. So long as the Profile Video remains in your account, Employer Customers and/or Staffing Customers can view your Profile Video. You can re-record a Profile Video at any time.
Spark Hire offers three ways in which you may be invited to participate in video interviews. All of the video interviews created through Spark Hire Services remain confidential with the Employer Customer or Staffing Customer for whom you interviewed.
A One-Way Interview involves a job candidate recording on their own time through Spark Hire Services video answers to questions presented to them by an Employer Customer or Staffing Customer.
A Live Interview occurs when you connect with an Employer Customer or Staffing Customer in real time through your webcam and microphone.
An Open Interview is similar to a One-Way Interview except that an Employer Customer or Staffing Customer can send you a link through which you can self-register for an Open Interview.
If you choose to participate in a Live Interview using your webcam and microphone through Spark Hire Services, you authorize Spark Hire to allow the participants in the Live Interview to see and hear you. You also authorize Spark Hire to record the Live Interview. Finally, you authorize Spark Hire to store each recorded Live Interview on its servers in the Account associated with the Employer Customer or Staffing Customer with whom you interviewed.
Similarly, if you choose to participate in a One-Way Interview or Open Interview using a webcam and microphone, you authorize Spark Hire to record the interview. You also authorize Spark Hire to allow the Employer Customer or Staffing Customer for whom you completed the interview to see and listen to the recorded interview. Finally, you authorize Spark Hire to store each recorded interview on its servers in the Account associated with the Employer Customer or Staffing Customer for whom you interviewed.
Apart from Spark Hire, only the Employer Customer or Staffing Customer with and/or for whom you have interviewed will have access to any particular recorded Video Interview. As a Job Seeker, you cannot access any recorded Video Interviews. Spark Hire will not use any recorded Video Interviews for any purpose unrelated to the Accounts of those participating in and/or related to the Video Interviews.
Apart from the Employer Customer or Staffing Customer with and/or for whom you have interviewed, Spark Hire will not share or provide access to Video Interviews to any third party absent a subpoena or court order. And, should Spark Hire ever be subpoenaed for content associated with your Account, Spark Hire shall provide you notice and an opportunity to file a motion objecting to any disclosure.
In addition to Video Interviews, Employer Customers and Staffing Customers will be able to produce Welcome Videos for targeted Job Seeker Customers to view.
Spark Hire may add additional types of video content from time to time.
3.5 No Guarantees of Employment
Spark Hire is not an employment agency. Spark Hire does not make any representations as to the qualifications of any individual, entity or employer.
Additionally, where an individual, entity, group or employer successfully secures employment, Spark Hire makes no guarantees or representations as to the satisfaction of such employment.
Additionally, Spark Hire does not guarantee that any individual or entity will find employment or an employee through Spark Hire Services.
3.7 Intentionally Omitted.
4. Pricing, Payments, and Billing. At present, Spark Hire provides Spark Hire Services to Job Seeker Customers on a complimentary basis at no charge (Spark Hire does bill its Employer Customers and Staffing Customers). Spark Hire foresees continuing this policy for the foreseeable future. However,
Spark Hire reserves the right to change its policy and pricing for any of the Spark Hire Services at any time. Should Spark Hire change any pricing, Spark Hire shall provide its existing Spark Hire Customers with at least thirty (30) days notice consistent with Section 17.17.
5.1 Lawful Purposes.
Spark Hire Services shall be used for lawful purposes only.
5.2 Accurate Information. You agree to provide Spark Hire with true, accurate and current information as requested when registering for Spark Hire Services and/or purchasing products from Spark Hire.
5.3 At time of registration, you must provide certain information that identifies you to other Spark Hire Customers. In doing so, you may not violate a third party's intellectual property rights or use names that happen to be offensive or inappropriate.
5.5 You shall be solely and entirely responsible for any and all use of the Spark Hire Services through your Account. Consequently, we recommend and require that:
(A) You not permit any other person to use your Spark Hire Account;
(B) You do not assign or transfer your Account or its login information to any other person or entity; and,
(C) You promptly inform Spark Hire of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a Spark Hire Account or its login information.
5.6 Reserved for Future Use.
5.7 You agree that you shall not use Spark Hire Services for any of the following:
5.7.1 Intentionally or unintentionally violating any applicable local, state, national, or international law, or any rules or regulations thereunder;
5.7.2 Intentionally violating any intellectual property rights of a third party;
5.7.3 Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, spyware, or any other computer programming routines that may damage, interfere with, secretly intercept, or seize any system, program, data, or personal information;
5.7.4 Disseminating materials that are lewd, offensive, inflammatory, harassing, threatening, defamatory, or otherwise objectionable as determined by Spark Hire in its sole discretion;
5.7.5 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any nudity;
5.7.6 Posting or transmitting, or causing to be posted or transmitted, via the Spark Hire Services any spam;
Spark Hire maintains a strict policy forbidding any spam or misuse of email services within its Spark Hire Services.
5.7.7 Posting or transmitting, or causing to be posted or transmitted, via Spark Hire Services any materials advertising any business other than Spark Hire;
Additional and/or different rules may apply in the event Spark Hire dedicates a special forum in the future to the promotion and/or offering of services by Spark Hire Customers.
5.7.8 Seeking to obtain private financial information from any Consumer;
5.7.9 To impersonate any other person;
5.7.10 To provide any false information;
5.7.11 Registering or attempting to register an account with Spark Hire without its express authorization after having been terminated or suspended by Spark Hire for any reason; and/or
5.7.12 Attempting to interfere with Spark Hire's security measures.
5.8 Should you believe that a Spark Hire Customer or person has violated any of the foregoing prohibited uses in 5.7, you should immediately notify Spark Hire via email@example.com.
5.10 You assume all liability for anything purchased using Spark Hire Services through your Account, whether intended for you or for a third party.
5.11 Cancellation of Account.
To effectively cancel your Account, please contact us at firstname.lastname@example.org for assistance. Upon doing so, the cancellation of your Account will take place promptly.
Upon cancellation, all of your Content may be deleted permanently. Spark Hire shall not be responsible for the loss of any Content due to the cancellation (or termination) of a Spark Hire Account.
Spark Hire is not responsible should an Account remain active if the cancellation procedure described above is not followed.
5.12 Termination of Account.
Spark Hire reserves the right to refuse its Spark Hire Services to anyone should it believe that the Spark Hire Services have been abused. For a non-exclusive list of what Spark Hire considers abuse, you should refer to Section 5.7 above. Though specific prohibited items have been listed, Spark Hire reserves the right to consider any action or conduct inconsistent with the intended use of Spark Hire Services to constitute abuse.
Additionally, Spark Hire may terminate a Spark Hire Account immediately in the event that Spark Hire believes, in its sole discretion, that a Spark Hire Customer is "flooding" the Spark Hire Services.
Spark Hire also reserves the right to suspend or terminate a Spark Hire Account should Spark Hire become involved in pending litigation or other similar dispute with a Spark Hire Customer in relation to the Spark Hire Account, or for any other reason. Should a Spark Hire Customer become involved in litigation or other similar dispute in relation to a Spark Hire Account, Spark Hire also may suspend or terminate the Spark Hire Account immediately and without notice.
Should Spark Hire become aware of litigation relating to a Spark Hire Account, Spark Hire reserves the right to preserve Content associated with the Spark Hire Account.
5.13 Consequences of Termination.
Should your Account become terminated, Spark Hire may, in our sole discretion and without liability to You, remove and discard any information associated with your Account including, but not limited to, any Content or Customer Content.
Should your Account become terminated, you will remain solely responsible for all liabilities that may have arisen or arise from your Account and/or its termination.
Spark Hire shall not be liable to you or any third-party for any termination of your Account or your use of the Spark Hire Services.
Any Spark Hire Customer whose Account has been terminated by Spark Hire may not access the Spark Hire Services without the prior express written permission of Spark Hire.
Spark Hire may also refuse registration, terminate an account, and/or refuse Spark Hire Services to any person who registers or attempts to register an account with Spark Hire without authorization after having had an account previously suspended or terminated by Spark Hire. In particular, should Spark Hire identify this person by any means (including, but not limited to IP addresses), it reserves the right to refuse or terminate registration.
5.14 Should the Spark Hire Services become terminated globally for any reason, all Spark Hire accounts shall be terminated immediately, without any prior notifications by Spark Hire.
6. Objectionable Content.
Spark Hire is not responsible for any false, defamatory, libelous, or slanderous Content posted by its Spark Hire Customers. If you believe any Content violates your rights or those of a third party in any way, you may contact Spark Hire via email@example.com
7. Intellectual Property Rights
. Spark Hire Services and any necessary software used in connection with the Spark Hire Services ("Software") contain proprietary and confidential information protected by applicable intellectual property and other laws. Spark Hire or its licensor holds all rights, title and interest in all Software and all intellectual property, including other rights related to intangible property, unless otherwise indicated. No title or interest in such intellectual property rights is being transferred to you and you agree to make no claim of interest in any such Software. Except as expressly authorized by Spark Hire or our advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Software, in whole or in part.
Spark Hire shall possess and retain all copyrights to content created by Spark Hire (“Spark Hire Content”). Spark Hire may use content obtained from third party sources. All rights to such third party content remains with the owners of such third party content.
You shall possess and retain all interest in your Profile Videos. You do not have any interest in any Video Interviews in which you participate. Moreover, as stated elsewhere, any Video Content associated with an Account may be destroyed upon cancellation or termination of an account. All copyrights in Customer Content shall remain with the applicable owners of such copyrights.
By using Spark Hire Services, you provide Spark Hire a license to use your Customer Content and Video Content for purposes of providing Spark Hire Services in relation to your Account.
You agree to not use Spark Hire Trademarks or any mark that is confusingly similar to such trademarks. Nothing on or through the Spark Hire Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Spark Hire Trademarks. Spark Hire reserves the right to restrict the use of its name, system, logo, and trademarks. You agree to comply with any and all such restrictions.
For purposes of displaying your Account and content associated with it, you permit Spark Hire to use your name and trademark, if applicable. You also allow Spark Hire to use your name and trademark in a manner consistent with fair use. Upon receiving written request consistent with Notices provided herein, Spark Hire will remove your name and/or trademark except as necessary to continue providing you with Spark Hire Services.
All other companies' names, brand names and product names are trademarks or trade names of their respective owners who may or may not endorse, be affiliated with or connected to Spark Hire. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Spark Hire Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws
7.4 Destruction of Materials.
7.5 Limited License.
7.6 Unauthorized Access or Circumvention
. As stated above, Spark Hire takes the privacy of its Spark Hire Customers very seriously. In this context, it also takes seriously any effort to circumvent the technology it has implemented to protect the privacy and the security of information on its servers. Should any person attempt to obtain or obtain unauthorized access to Spark Hire servers and/or should any Spark Hire Customer attempt to exceed or exceed his/her/its authorized access to Spark Hire servers, Spark Hire shall consider such conduct to violate the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030, which provides for civil and criminal penalties. Additionally, depending on the circumstances, such conduct could also violate the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et eq. and the Stored Communications Act, 18 U.S.C. § 2701, et seq., both of which also provide for civil and criminal penalties. Spark Hire considers the unauthorized access to and/or download of any Video Content fall within the scope of this prohibited conduct. Moreover, Spark Hire shall consider any approval or knowledge of a third party’s efforts to engage in the foregoing prohibited conduct as wilful cooperation in such conduct.
8. DMCA Policy
8.1 Spark Hire respects the intellectual property rights of others and prohibits anyone from uploading, posting or otherwise transmitting through Spark Hire Services any materials that violate another party's intellectual property rights. When Spark Hire receives proper Notification of Alleged Copyright Infringement as described herein, it promptly removes or disables access to the allegedly infringing material and terminates the accounts associated therewith as described herein in accordance with the Digital Millennium Copyright Act ("DMCA").
8.2 If you believe that any material on or through the Spark Hire Services infringes upon any copyright which you own or control, you may send a written Notification of Alleged Copyright Infringement to our designated DMCA Agent identified below.
8.3 If you believe that your own copyrighted work is accessible on or through the Spark Hire Services in violation of your intellectual property rights, you may provide our designated DMCA Agent with a Notification of Alleged Copyright Infringement as set forth in the DMCA that contains substantially the following information:
(A). Identify in sufficient detail the copyrighted work or intellectual property that You claim has been infringed so that Spark Hire can locate the material;
(B). Identify the URL or other specific location on the Website or Spark Hire Services that contains the material that You claim infringes your copyright described in Item 5.3(A) above;
(C). Provide the electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf;
(D). Include 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;
(E). Include a statement by You that the information contained in your notice is accurate and that You attest under the penalty of perjury that You are the copyright owner or that You are authorized to act on the copyright owner's behalf; and,
(F). Include your name, mailing address, telephone number and email address.
8.4 You may send your Notification of Alleged Copyright Infringement to our designated DMCA Agent by fax, mail, or E-Mail as set forth below:
Spark Hire, Inc.
1500 Skokie Blvd., Suite 101A Northbrook, Illinois 60062
Fax to: 800 219 0462 or +1 224-220-1161
8.5 Spark Hire has adopted a policy of terminating, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Spark Hire may also in its sole discretion limit access to the Spark Hire Services and/or terminate the use thereof by anyone who infringes any intellectual property rights of others, whether or not there is any repeat infringement.
9. RESERVED FOR FUTURE USE
10. RESALE OF SERVICE
Unless otherwise agreed to in writing by Spark Hire, you agree not to reproduce, duplicate, copy, sell, resell, outsource, reverse engineer or exploit any portion of, the use of, or access to Spark Hire Services.
12. DISCLAIMER OF WARRANTIES
12.1 THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES ARE PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
12.2 SPARK HIRE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES:
THE ABILITY OF THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
ANY WARRANTIES OF NON-INFRINGEMENT; AND
ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF SPARK HIRE IN THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES, OR ANY WARRANTY THAT THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
12.3 SPARK HIRE IS NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER. AS SUCH, SPARK HIRE IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
12.5 SPARK HIRE MAKES NO WARRANTY THAT THE APPS, WEBSITE, SPARK HIRE SERVICES, AND/OR CONTENT THEREON WILL BE ERROR-FREE, AVAILABLE WITHOUT INTERRUPTION, TIMELY, OR MEET YOUR REQUIREMENTS.
12.6 WE WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES. HOWEVER, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE; LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA; LOSS OF REVENUE; OR, OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SPARK HIRE SERVICES, OR OTHER INTERACTION WITH THE SPARK HIRE SERVICES. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SPARK HIRE SERVICES. WE DO NOT WARRANT THAT (i) THE SPARK HIRE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SPARK HIRE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SPARK HIRE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SPARK HIRE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
12.7 THESE DISCLAIMERS APPLY TO ALL CONTENT SENT TO AND/OR FROM THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES.
13. THIRD PARTY LINKS AND PRODUCTS
13.1 IN CONNECTION WITH THE SPARK HIRE SERVICES, SPARK HIRE MAY PROVIDE YOU WITH LINKS TO THIRD PARTY WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
13.2 SPARK HIRE NEITHER MONITERS NOR HAS ANY CONTROL OVER SUCH THIRD PARTY WEBSITES, PRODUCTS, AND SERVICES.
13.3 SPARK HIRE IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE AVAILABILITY OR CONTENT OF SUCH THIRD PARTY WEBSITES; (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES; (C) THE USE OF OR RELIANCE UPON SUCH CONTENT, PRODUCTS, OR SERVICES; (D) ANY LOSS OR DAMAGE ARISING FROM ANY COMMUNICATIONS AND/OR TRANSACTIONS BETWEEN YOU AND THIRD PARTIES; AND/OR (E) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
13.4 ANY CORRESPONDENCE OR BUSINESS TRANSACTIONS BETWEEN YOU AND SUCH THIRD PARTIES ARE SOLELY BETWEEN YOU AND ANY SUCH THIRD PARTY.
13.5 SPARK HIRE SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
13.6 THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE THROUGH THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
13.7 YOU ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE AFFILIATE OR OTHER SERVICES PROVIDED BY SPARK HIRE, THIRD-PARTY CONTENT OR THIRD-PARTY SOFTWARE. SPARK HIRE SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CUSTOMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES' POLICIES AND TERMS.
14. LIMITATION OF LIABILITY
14.1 GENERAL TERMS. FOR EACH OF THE FOLLOWING LIMITATIONS OF LIABILITY, THE FOLLOWING TERMS SHALL APPLY:
14.1.2 “DAMAGES” SHALL INCLUDE ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY DIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, AND/OR ANY OTHER DAMAGES OR INTANGIBLE LOSS. THE TYPE OF DAMAGES TO WHICH THESE LIMITATIONS OF LIABILITY APPLY INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF BUSINESS PROFITS OR LOST SAVINGS, LOSS TO GOODWILL, LOSS ARISING FROM BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, LOSS OF REPUTATION, VIOLATION OF PRIVACY, LOSS OF USE OR DATA, LEGAL FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY’S FEES, PARALEGAL FEES, AND OTHER COSTS AND EXPENSES), AND/OR ANY OTHER KIND OF DAMAGE OR LOSS.
14.1.3 “SPARK HIRE” SHALL MEAN SPARK HIRE; ITS SUBSIDIARIES; AND, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.
14.1.4 “STRATEGIC PARTNERS” SHALL MEAN CO-BRANDERS, SUPPLIERS, VENDORS, AND OTHER PARTNERS USED BY SPARK HIRE AS WELL AS THEIR SUBSIDIARIES, PARENTS, OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, AFFILIATES, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS.
14.1.5 THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF WHETHER CAUSED BY SPARK HIRE OR ANY PART OF SPARK HIRE AS DEFINED ABOVE.
14.1.6 THESE LIMITATIONS OF LIABILITY APPLY TO ALL CLAIMS, CAUSES OF ACTION, AND/OR FORMS OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
14.1.7 THESE LIMITATIONS OF LIABILITY APPLY EVEN IF SPARK HIRE WAS ADVISED OF THE POSSIBILITY OF ANY DAMAGES OR LOSSES.
14.2 YOU AGREE THAT SPARK HIRE AND ITS STRATEGIC PARTNERS SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGES AS DEFINED ABOVE ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, INABILITY TO USE, OR ANY OTHER MATTER RELATING TO THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES.
14.3 YOU AGREE TO EXCUSE SPARK HIRE AND AGREE THAT IT SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT; NATURAL CATASTROPHES; FORCE MAJEURE; ACTS OF GOD; INTERNET DISRUPTIONS OR UNAVAILABILITY; FAILURE OF OPERATING SYSTEMS; UNAVAILABLE NETWORK CONNECTIONS; IMPERFECT COMPUTER TRANSMISSIONS; LABOR DISPUTES: POWER OUTAGES; LOSS OF DATA; OR SIMILAR OCCURRENCES.
14.4 YOU AGREE THAT SPARK HIRE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES. SIMILARLY, SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD UPDATES TO THE SOFTWARE OR CODE REQUIRE THE INSTALLATION OF OTHER THIRD PARTY SOFTWARE.
14.5 YOU AGREE THAT SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE THAT ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH:
14.5.1 THE USE OF OR THE INABILITY TO USE THE SPARK HIRE SERVICES;
14.5.2 THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SPARK HIRE SERVICES;
14.5.3 UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT, OR DATA;
14.5.4 STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SPARK HIRE SERVICES;
14.5.5 THE DISCLOSURE OF ANY PARTY'S IDENTITY OR IDENTIFYING INFORMATION;
14.5.7 ANY OTHER MATTER RELATING TO THE SPARK HIRE SERVICES.
14.6 YOU AGREE THAT SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES AS DEFINED ABOVE. WHERE ANY COURT OF COMPETENT JURISDICTION LIMITS THE ABILITY OF SPARK HIRE TO DISCLAIM ANY DAMAGES, YOU AGREE THAT THE MAXIMUM AMOUNT OF DAMAGES THAT SPARK HIRE SHALL BE LIABLE TO YOU FOR SHALL NOT EXCEED THE AMOUNT OF PAYMENTS YOU PAID TO SPARK HIRE.
14.8 YOU AGREE THAT SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING OR OCCURRING THROUGH ANY EMPLOYMENT RELATIONSHIP (WHETHER EMPLOYER-EMPLOYEE OR EMPLOYER-INDEPENDENT CONTRACTOR OR EMPLOYER-STAFFING COMPANY) DEVELOPED, MODIFIED, OR TERMINATED BY USE OF THE APPS, WEBSITE AND/OR SPARK HIRE SERVICES.
14.9 YOU AGREE THAT SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES. PARTICULARLY, SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY CUSTOMER.
14.10 YOU AGREE THAT SPARK HIRE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY MISUSE OF CONTENT FOUND ON OR THROUGH THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES DELIVERED TO STAFFING CLIENTS. PARTICULARLY, SPARK HIRE SHALL NOT BE LIABLE FOR ANY MISUSE OF ANY VIDEO CONTENT OR INFORMATION CONTAINED THEREON BY ANY STAFFING CLIENTS.
14.11 YOU AGREE THAT SPARK HIRE AND ITS STRATEGIC PARTNERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DELETION OF CONTENT; DEFECT; DELAY IN OPERATION OR TRANSMISSION; BUG; VIRUSES THAT MAY INFECT YOUR COMPUTER SOFTWARE, EQUIPMENT, OR OTHER PROPERTY; COMMUNICATION LINE FAILURE; THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
14.11.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, BUGS, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, (2) THAT THE FUNCTIONS PERFORMED BY THE APPS, WEBSITE, AND/OR SPARK HIRE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR (3) THAT DEFECTS IN THE APPS, WEBSITE, AND/OR THE SPARK HIRE SERVICES WILL BE CORRECTED.
14.11.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE APPS, WEBSITE, AND SPARK HIRE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
15.EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11, 12, 13, and 14 MAY NOT APPLY TO YOU.
16. RESERVED FOR FUTURE USE.
17. General Provisions
You acknowledge that you have read, understood, and agreed to all terms contained herein. Further, you represent that you have consulted, or have had the opportunity to consult with, your legal, tax, and financial advisors in connection with the execution and performance of the Agreement.
A single arbitrator shall be agreed upon by the parties or, if the parties cannot agree upon an arbitrator within thirty (30) days, then the parties agree that a single arbitrator shall be appointed by the American Arbitration Association. The arbitrator may award legal fees (including, but not limited to, attorneys' fees, paralegal fees, etc.), expenses, and costs as part of the award.
Any award issued as a result of the arbitration shall be binding and may be entered as a final judgment or order in any court of competent jurisdiction and enforced accordingly. All costs and expenses of the arbitration, including reasonable legal fees (including, but not limited to, attorney's fees, paralegal fees, etc.), shall be allocated among the parties as determined by the arbitrator.
Notwithstanding the foregoing, either Party may, at its sole discretion, seek preliminary judicial relief in any court of competent jurisdiction (including, but not limited to, preliminary injunctive relief) and, additionally, the provisions of this Section may be enforced by any court of competent jurisdiction.
17.7 Intentionally Omitted.
17.10 Legal Advice Not Provided. You acknowledge and agree that Spark Hire has not and will not provide you with any legal advice on any subject, but particularly with respect to compliance with employment, data privacy, or other relevant laws, rules, or regulations. You agree not to construe any Spark Hire communications as legal advice.
17.14 Statute of Limitations. To the extent permitted by law, any claim or cause of action arising out of or related to use of the Apps, Website, and/or Spark Hire Services shall be filed within one (1) year after such claim or cause of action arose. To the extent permitted by law and as applicable, any claim arising from the publication of any content on or through the Apps, Website, and/or Spark Hire Services shall accrue on the first date of publication.
17.18 Restricted Locations.
The Apps, Website, and/or Spark Hire Services may not be accessed, viewed, downloaded or otherwise received in any country or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.
Apps, Website, and/or Spark Hire Services may not be used by and is not directed at any country or region currently embargoed by the United States. By using the Apps, Website, and/or Spark Hire Services, you agree to the foregoing and you warrant that you are not located in, or under the control of, or a national or resident of any such country or region.
You agree to comply with all local rules regarding online conduct and what Spark Hire deems, in its sole discretion, acceptable content. For examples of prohibited content and conduct, refer to Section 5.7 above.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.