Privacy

Privacy Contents:

  1. Terms of Service
  2. Privacy Policy

Terms of Service:

The following terms and conditions govern all use of the https://squaresparc.com website and

all content, services and products available at or through the website (taken together, the

Website). The Website is owned and operated by Square Sparc (“Square Sparc”). 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, Square

Sparc’S Privacy Policy) and procedures that may be published from time to time on this Site by

Square Sparc (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 Square Sparc, acceptance is expressly limited to these terms. The Website is available

only to individuals who are at least 13 years old.

  1. Your https://squaresparc.com Account and Site. If you create ablog/site on the Website, you are responsible for maintaining the security of your account and

    blog, and 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 Square Sparc may change or remove any description or keyword

    that it considers inappropriate or unlawful, or otherwise likely to cause Square Sparc

    liability. You must immediately notify Square Sparc of any unauthorized uses of your blog, your

    account or any other breaches of security. Square Sparc 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 operate a blog, comment ona blog, 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 proprietaryrights, 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, andhave 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 horsesor other harmful or destructive content;
    • the 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 violencetowards individuals or entities, and does not violate the privacy or publicity rights of any

      third party;

    • your blog is not getting advertised via unwanted electronic messages such as spamlinks on newsgroups, email lists, other blogs and web sites, and similar unsolicited

      promotional methods;

    • your blog is not named in a manner that misleads your readers into thinking thatyou are another person or company. For example, your blog’s URL or name is not the name of a

      person other than yourself or company other than your own; and

    • you have, in the case of Content that includes computer code, accuratelycategorized and/or described the type, nature, uses and effects of the materials, whether

      requested to do so by Square Sparc or otherwise.

    By submitting Content to Square Sparc for inclusion on your Website, you grant Square Sparc 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, Square Sparc 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, Square Sparc has the right (though

    not the obligation) to, in Square Sparc’S sole discretion (i) refuse or remove any content

    that, in Square Sparc’S reasonable opinion, violates any Square Sparc policy 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 Square Sparc’S sole discretion. Square Sparc will have

    no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.
    • General Terms.
      By selecting a product or service, you agree to pay Square Sparc the one-time and/or monthly orannual subscription fees indicated (additional payment terms may be included in other

      communications). Subscription payments will be charged on a pre-pay basis on the day you sign

      up for an Upgrade and will cover the use of that service for a monthly or annual subscription

      period as indicated. Payments are not refundable.

    • Automatic Renewal.
      Unless you notify Square Sparc before the end of the applicable subscription period that youwant to cancel a subscription, your subscription will automatically renew and you authorize us

      to collect the then-applicable annual or monthly subscription fee for such subscription (as

      well as any taxes) using any credit card or other payment mechanism we have on record for you.

      Upgrades can be canceled at any time by submitting your request to Square Sparc in

      writing.

  4. Services.
    • Fees; Payment. By signing up for a Services account you agree topay Square Sparc the applicable setup fees and recurring fees. Applicable fees will be invoiced

      starting from the day your services are established and in advance of using such services.

      Square Sparc reserves the right to change the payment terms and fees upon thirty (30) days

      prior written notice to you. Services can be canceled by you at anytime on thirty (30) days

      written notice to Square Sparc.

    • Support. If your service includes access to priority emailsupport. “Email support” means the ability to make requests for technical support assistance by

      email at any time (with reasonable efforts by Square Sparc to respond within one business day)

      concerning the use of the VIP Services. “Priority” means that support takes priority over

      support for users of the standard or free https://squaresparc.com services. All support will be

      provided in accordance with Square Sparc standard services practices, procedures and

      policies.

  5. Responsibility of Website Visitors. Square Sparc has 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, Square Sparc does 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. Square Sparc 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.

  6. Content Posted on Other Websites. We have not reviewed, and cannotreview, all of the material, including computer software, made available through the websites

    and webpages to which https://squaresparc.com links, and that link to https://squaresparc.com.

    Square Sparc does not have any control over those non-Square Sparc websites and webpages, and

    is not responsible for their contents or their use. By linking to a non-Square Sparc website or

    webpage, Square Sparc does 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. Square

    Sparc disclaims any responsibility for any harm resulting from your use of non-Square Sparc

    websites and webpages.

  7. Copyright Infringement and DMCA Policy. As Square Sparc asksothers to respect its intellectual property rights, it respects the intellectual property

    rights of others. If you believe that material located on or linked to by

    https://squaresparc.com violates your copyright, you are encouraged to notify Square Sparc in

    accordance with Square Sparc’S Digital Millennium Copyright Act (“DMCA”) Policy. Square Sparc

    will respond to all such notices, including as required or appropriate by removing the

    infringing material or disabling all links to the infringing material. Square Sparc 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 Square Sparc or others. In the case of such termination, Square Sparc will have no

    obligation to provide a refund of any amounts previously paid to Square Sparc.

  8. Intellectual Property. This Agreement does not transfer fromSquare Sparc to you any Square Sparc or third party intellectual property, and all right, title

    and interest in and to such property will remain (as between the parties) solely with Square

    Sparc. Square Sparc, https://squaresparc.com, the https://squaresparc.com logo, and all other

    trademarks, service marks, graphics and logos used in connection with https://squaresparc.com,

    or the Website are trademarks or registered trademarks of Square Sparc or Square Sparc’S

    licensors. 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 Square Sparc or third-party trademarks.

  9. Advertisements. Square Sparc reserves the right to displayadvertisements on your blog unless you have purchased an ad-free account.
  10. Attribution. Square Sparc reserves the right to displayattribution links such as ‘Blog at https://squaresparc.com,’ theme author, and font attribution

    in your blog footer or toolbar.

  11. Partner Products. By activating a partner product (e.g. theme)from one of our partners, you agree to that partner’s terms of service. You can opt out of

    their terms of service at any time by de-activating the partner product.

  12. Domain Names. If you are registering a domain name, using ortransferring a previously registered domain name, you acknowledge and agree that use of the

    domain name is also subject to the policies of the Internet Corporation for Assigned Names and

    Numbers (“ICANN”), including their Registration Rights and Responsibilities.

  13. Changes. Square Sparc reserves 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. Square

    Sparc 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.

  14. Termination. Square Sparc may terminate your access to all or anypart of the Website at any time, with or without cause, with or without notice, effective

    immediately. If you wish to terminate this Agreement or your https://squaresparc.com account

    (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing,

    if you have a paid services account, such account can only be terminated by Square Sparc if you

    materially breach this Agreement and fail to cure such breach within thirty (30) days from

    Square Sparc’S notice to you thereof; provided that, Square Sparc can terminate the Website

    immediately as part of a general shut down of our service. 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.

     

  15. Disclaimer of Warranties. The Website isprovided “as is”. Square Sparc and its 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 Square Sparc

    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.

  16. Limitation of Liability. In no event will SquareSparc, 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 for

    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 Square Sparc under this agreement

    during the twelve (12) month period prior to the cause of action. Square Sparc 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.

  17. General Representation and Warranty. You represent and warrantthat (i) your use of the Website will be in strict accordance with the Square Sparc 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.

  18. Indemnification. You agree to indemnify and hold harmless SquareSparc, its contractors, and its 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.

  19. Miscellaneous. This Agreement constitutes the entire agreementbetween Square Sparc and you concerning the subject matter hereof, and they may only be

    modified by a written amendment signed by an authorized executive of Square Sparc, or by the

    posting by Square Sparc 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 the San Francisco County, California, 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 state

    and federal courts located in San Francisco County, California. 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 County,

    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; Square Sparc 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.

Privacy

Policy:

Square Sparc (“Square Sparc“) operates https://squaresparc.com and may operate

other websites. It is Square Sparc’S policy to respect your privacy regarding any information

we may collect while operating our websites.

Website Visitors

Like most website operators, Square Sparc collects non-personally-identifying information of

the sort that web browsers and servers typically make available, such as the browser type,

language preference, referring site, and the date and time of each visitor request. Square

Sparc’S purpose in collecting non-personally identifying information is to better understand

how Square Sparc’S visitors use its website. From time to time, Square Sparc may release non-

personally-identifying information in the aggregate, e.g., by publishing a report on trends in

the usage of its website.

Square Sparc also collects potentially personally-identifying information like Internet

Protocol (IP) addresses for logged in users and for users leaving comments on

https://squaresparc.com blogs/sites. Square Sparc only discloses logged in user and commenter

IP addresses under the same circumstances that it uses and discloses personally-identifying

information as described below, except that commenter IP addresses and email addresses are

visible and disclosed to the administrators of the blog/site where the comment was left.

Gathering of Personally-Identifying Information

Certain visitors to Square Sparc’S websites choose to interact with Square Sparc in ways that

require Square Sparc to gather personally-identifying information. The amount and type of

information that Square Sparc gathers depends on the nature of the interaction. For example, we

ask visitors who sign up at https://squaresparc.com to

provide a username and email address. Those who engage in transactions with Square Sparc are

asked to provide additional information, including as necessary the personal and financial

information required to process those transactions. In each case, Square Sparc collects such

information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s

interaction with Square Sparc. Square Sparc does not disclose personally-identifying

information other than as described below. And visitors can always refuse to supply

personally-identifying information, with the caveat that it may prevent them from engaging in

certain website-related activities.

Aggregated Statistics

Square Sparc may collect statistics about the behavior of visitors to its websites. Square

Sparc may display this information publicly or provide it to others. However, Square Sparc does

not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Square Sparc discloses potentially personally-identifying and personally-identifying

information only to those of its employees, contractors and affiliated organizations that (i)

need to know that information in order to process it on Square Sparc’S behalf or to provide

services available at Square Sparc’S websites, and (ii) that have agreed not to disclose it to

others. Some of those employees, contractors and affiliated organizations may be located

outside of your home country; by using Square Sparc’S websites, you consent to the transfer of

such information to them. Square Sparc will not rent or sell potentially personally-identifying

and personally-identifying information to anyone. Other than to its employees, contractors and

affiliated organizations, as described above, Square Sparc discloses potentially personally-

identifying and personally-identifying information only in response to a subpoena, court order

or other governmental request, or when Square Sparc believes in good faith that disclosure is

reasonably necessary to protect the property or rights of Square Sparc, third parties or the

public at large. If you are a registered user of an Square Sparc website and have supplied your

email address, Square Sparc may occasionally send you an email to tell you about new features,

solicit your feedback, or just keep you up to date with what’s going on with Square Sparc and

our products. If you send us a request (for example via email or via one of our feedback

mechanisms), we reserve the right to publish it in order to help us clarify or respond to your

request or to help us support other users. Square Sparc takes all measures reasonably necessary

to protect against the unauthorized access, use, alteration or destruction of potentially

personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the

visitor’s browser provides to the website each time the visitor returns. Square Sparc uses

cookies to help Square Sparc identify and track visitors, their usage of Square Sparc website,

and their website access preferences. Square Sparc visitors who do not wish to have cookies

placed on their computers should set their browsers to refuse cookies before using Square

Sparc’S websites, with the drawback that certain features of Square Sparc’S websites may not

function properly without the aid of cookies.

Business Transfers

If Square Sparc, or substantially all of its assets, were acquired, or in the unlikely event

that Square Sparc goes out of business or enters bankruptcy, user information would be one of

the assets that is transferred or acquired by a third party. You acknowledge that such

transfers may occur, and that any acquirer of Square Sparc may continue to use your personal

information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to users by advertising partners, who may

set cookies. These cookies allow the ad server to recognize your computer each time they send

you an online advertisement to compile information about you or others who use your computer.

This information allows ad networks to, among other things, deliver targeted advertisements

that they believe will be of most interest to you. This Privacy Policy covers the use of

cookies by Square Sparc and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, Square Sparc may change its Privacy Policy from

time to time, and in Square Sparc’S sole discretion. Square Sparc encourages visitors to

frequently check this page for any changes to its Privacy Policy. If you have a Square Sparc

account, you might also receive an alert informing you of these changes. Your continued use of

this site after any change in this Privacy Policy will constitute your acceptance of such

change.