Last Modified: October 23, 2023
8605 Santa Monica Blvd, PMB 64461, West Hollywood, CA, 90069
Please read these Terms carefully. They cover important information about the Website. These Terms include information about future changes to these Terms and limitations of liability. By accessing or using the Website, you accept and unconditionally agree to be bound and to abide by these Terms. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE WEBSITE IN ANY MANNER.
Will these Terms ever change?
We are constantly trying to improve the Website, so these Terms may need to change along with the Website or for any other reason in our discretion. We reserve the right to change these Terms at any time. All changes to these Terms are effective immediately when we post them here and apply to all access to and use of the Website on a go-forward basis. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use or access the Website. If you use or access the Website in any way after a change to these Terms is effective, that means you agree to all of the changes. If you do not want to agree to any revised Terms, you should not continue to access or use the Website.
Except for changes by us as described here or in any updated version of these Terms, no other amendment or modification of these Terms will be effective unless provided to you in writing.
What about my privacy?
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personal data online from children who are under 13 years of age. We do not knowingly collect or solicit personal data from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Website or send us any personal data. If we learn we have collected personal data from a child under 16 years of age, we will take reasonable steps to delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal data, please contact us at firstname.lastname@example.org.
What are the basics of using the Website?
You represent and warrant that you are an individual over 16 years of age and of legal age to form a binding contract.
You will use the Website only for your own personal or business use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with these Terms and all laws that apply to you. If your use of the Website is prohibited by applicable laws, then you aren’t authorized to use the Website. We can’t and won’t be responsible for your using the Website in a way that breaks the law.
The Website is operated and controlled by us in the United States. Despite the global nature of the Internet, we make no claims that the Content or the Website is appropriate to be viewed or used outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who access the Website from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.
What about messaging?
As part of the Website, you may receive communications through the Website, including messages that we send you (for example, via email).
Are there restrictions in how I can use the Website?
You represent, warrant, and agree that you will not provide or contribute anything, including any Content (as that term is defined below), to the Website or otherwise access, use or interact with the Website in a manner that:
1. infringes or violates the intellectual property or contractual rights or any other rights of anyone else (including,
without limitation, Lightspark);
2. violates any law or regulation, including, without limitation, any applicable export control laws or privacy laws;
3. is inconsistent with the purposes reasonably intended by Lightspark;
4. is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, illegal or otherwise
5. attempts, in any manner, to gain unauthorized access to, interfere with, damage or disrupt any parts of the
Website, the server on which the Website is stored, or any server, computer or database connected to the
Website or obtain the password, account, or other security information from any other user;
6. violates the security of any computer network, or cracks any passwords or security encryption codes or i
introduces any viruses, trojan horses, worms, time bombs, logic bombs or other material which is malicious or
7. runs Maillist, Listserv, any form of auto-responder or “spam” on the Website, or any processes that run or are
activated while you are not logged into the Website, or that otherwise interferes with the proper working of the
Website (including, but not limited to, by placing an unreasonable load on the Website’s infrastructure);
8. “crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Website or Content (through use
of manual or automated means);
9. could disable, overburden, damage, or impair the Website or interfere with any other person’s use of the Website,
including, but not limited to, their ability to engage in real time activities through the Website (if applicable);
10. copies or stores any significant portion of the Content; or
11. decompiles, decomposes, deletes, reverse engineers, disassembles, deconstructs or otherwise attempts to
obtain the source code or underlying ideas or information of or relating to the Website.
A violation of any of the foregoing is grounds for termination of your right to use or access the Website and the Content. We have the right (but not the obligation) to monitor the Website for any unauthorized or objectionable conduct and to take all appropriate actions in response, without notice to you. We may investigate any complaint regarding, or suspected violation of, these Terms, and may report any activity relating to the Website or the Content to regulators, law enforcement officials or other persons or entities that we deem appropriate.
What are my rights in the Website?
You understand that Lightspark owns the Website. The content, materials, documents, data, information, functionality and services displayed, performed or available on or through the Website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, designs, icons, photographs, video clips and so forth (all of the foregoing, the “Content”) and any and all trademarks, trade dress, logos, copyrights and other intellectual property in such Content are owned, controlled or licensed by Lightspark and are protected by copyright or other intellectual property laws. You promise to abide by all copyright and trademark notices and legends and other information and restrictions contained on the Website or in any Content you access through the Website, and you may not remove, alter or obscure any copyright, trademark or other notices or legends contained in any Content or alter or modify any Content.
You may not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, store, perform, upload, display, license, transfer, sell, create derivative works based on, commercialize or otherwise exploit for any purpose any Content or any of the Website, or use any trademark, trade name, trade dress, service mark or logo of Lightspark or any third party that appears on the Website or in any of the Content, (i) without the prior consent of Lightspark or (ii) in a way that violates someone else’s (including Lightspark’s) rights. The Website may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. No right, title or interest in any copy or downloaded Content is transferred to you as a result of any such copying or downloading. You may not use any Content in connection with, or to develop or train, any large language model, neural network, or artificial intelligence (including, but not limited to, any form of generative artificial intelligence). All rights, title and interest in and to the Website, the Content, and any and all related intellectual property are hereby expressly reserved by Lightspark and its licensors, as applicable.
Who is responsible for what I see and do on the Website?
Your interactions with organizations or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Lightsparke will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on the Website, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release and hold harmless the Lightspark Parties from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Website. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Will Lightspark ever change the Website?
We’re always trying to improve the Website, so we may change it from time to time. We may suspend or discontinue any part of the Website, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Website. We reserve the right to remove any Content from the Website at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
What if I violate these Terms?
We are free to terminate or suspend your right of access to the Website or the Content for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
What else do I need to know?
Warranty Disclaimer. The Lightspark Parties make no representations or warranties concerning the Website, including, without limitation, regarding any Content, and the Lightspark Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Website or the Content or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Website or the Content. The Lightspark Parties make no representations or warranties regarding suggestions or recommendations of the Website or products and services offered or purchased through or in connection with the Website (when applicable). YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT ARE PROVIDED BY LIGHTSPARK (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, AND NO LIGHTSPARK PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE CONTENT OR THAT THE WEBSITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, THE CONTENT OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) WILL ANY OF THE LIGHTSPARK PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, WEBSITE OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED DOLLARS ($100) OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. THIS IS TRUE EVEN IF THE LIGHTSPARK PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity. You hereby agree to indemnify, defend and hold harmless the Lightspark Parties from and against any and all claims, liabilities, damages (actual and consequential), judgments, awards, losses, costs, expenses or fees (including attorneys’ fees) arising from or in any way relating to (a) your use of the Website or the Content, (b) your violation of these Terms, (c) your violation of applicable laws or regulations and (d) your gross negligence, willful misconduct or fraud.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder in any way (by operation of law or otherwise) without our prior written consent. Any attempted assignment, delegation or transfer in violation hereof will be null and void. We may transfer, assign, or delegate these Terms or our rights or obligations hereunder without your consent.
Choice of Law; Dispute Resolution. These Terms, and any suit, action, proceeding, dispute, claim or controversy arising out of or relating to the Website, the Content or these Terms (each, a “Dispute”), are governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Any Dispute will be instituted exclusively in the federal courts of the United States, or the courts of the State of California, in each case located in the County of Los Angeles, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by any of the foregoing courts and to venue in such courts.
YOU HEREBY EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED ON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH, THESE TERMS, THE WEBSITE OR THE CONTENT. YOU AGREE NOT TO PARTICIPATE IN A CLASS ACTION FOR ANY CLAIMS COVERED BY THESE TERMS.
Miscellaneous. You and Lightspark hereby agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Lightspark, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings, relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Lightspark, and you do not have any authority of any kind to bind Lightspark in any respect whatsoever. The failure to require performance of any provision of these Terms will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of paragraph headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.