Last Modified: March 10, 2022
Section 1: Acceptance and Registration
By using this Website, you represent and warrant that: (i) you are of legal age to form a binding contract with the Company, (ii) you are not a person barred from using or accessing the Website under the applicable laws of the country of your residency or from which the Website is being accessed or used, and (iii) you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
1.03 Types of Users
A “Subscriber” is a User who has established a free trial or subscription to the Sparkhub application and can use it to create, individualize, and run parties or events (“Event” or “Events”) for on behalf of a direct sales company, brand, product or other employer, or for their own personal or business use. The subscription, license, or access fee paid for any Sparkhub account or content is non-transferable and non-refundable and subject to additional terms as may be outlined on the purchase order provided at the time of sale.
Subscribers are solely responsible for their compliance with any policies from any direct sale company, brand, product or other employer agreement the Subscriber may be subject to, if applicable. Specifically, if the Subscriber’s company does not permit participation in an affiliate program, the Subscriber shall be responsible for gaining approval for and reimbursement of any affiliate commissions. Subscriber shall also be solely responsible for ensuring the Party Pages (Event Pages) and other sites established for Subscriber contain specific brand colors, logos, or other specifications and has obtained all necessary consents to do so.
A “Host” is a User who has been identified by the Subscriber and granted a sign-in to the Website, who is responsible for the Event and the Party Page, inviting other Users as guests, and who attends the Event as the Host. Hosts may upload and include additional information about themselves on their “Host Portal.” Hosts are not charged a subscription or account fee to access the Website.
A “Guest” is a User who signs up for and attends an Event. Guests may be asked to provide information about themselves, including their name, phone number, or email to create an account to access the Event. Guests are not charged a subscription or account fee to access an Event.
A “Visitor” is a User who browses the Website.
1.05 Provision of Access
If you choose to become a registered user (Subscriber) to access Services available for purchase, the Company hereby grants a non-exclusive, non-transferable right to access and use the Services during the Period of Service (“Period”) as may be defined by your purchase order or Subscription Agreement, for use by you in accordance with the Terms contained herein.
You agree to only access (or attempt to access) the Service by the means described in the documentation provided for that Service. You agree not to misrepresent or mask your identity or the identity of an end user using your registered account when using the Service.
In addition to the Services offered by Company, Company may also make available materials, information, services or access to services provided by third parties (collectively, the “Third Party Content”). The Third-Party Content may be governed by separate terms or license agreements that accompany such services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to any Third-Party Content, including any liability resulting from incompatibility between the Third-Party Content and the Services. You agree that you will not hold Company responsible or liable with respect to the Third-Party Content or seek to do so.
Section 2: Website Updates and Security
2.02 Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including registered Users.
You are responsible for both:
(1) Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be held liable for any loss and/or damage arising from any failure to comply with this term.
Section 3: Intellectual Property
3.01 Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, code, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may use such Website subject to the limited license you have been granted during the term of your subscription as a Subscriber, or for the uses defined as Hosts and Guests. You, or a third party through you, may not duplicate, plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code of the Services. Further, you agree to not modify or change the Services in any manner, nature, or form, and as such, to not use any modified versions. Last, you agree to not access or attempt to access the Services through any means other than through the interface that is provided by Sparkhub for use in accessing the Services.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own use, provided you agree to be bound by a limited license user license agreement for such applications limited to the term of your subscription.
You must not:
- Modify copies of any materials from this site.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: [email protected]
The Company name, the term “Sparkhub” and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
3.03 Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt 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.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
3.04 Copyright Infringment
If you believe that any User Contributions violate your copyright, please email [email protected] sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Section 4: User Contributions
4.01 User ContributionsThe Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, parties/event pages or profiles, and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential. The Company will not claim ownership of any User Contributions submitted to the Website. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns a worldwide, royalty-free, non-exclusive license to allow the Company to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any lawful purpose.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Website. You have the sole responsibility to third parties regarding your User Contributions.
4.02 Monitoring and Enforcement; Termination
We and/or the Subscriber running an Event have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Block a User from making further User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
4.03 Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender expression, or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Section 5: Disclaimers
5.01 Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website includes content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
5.02 Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
5.03 Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant downloads available from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 6: Content and Confidentiality
6.01 Information About You and Your Visits to the Website
6.02 Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website, social media account, or platform that is not owned, licensed, registered, managed or published by you or published with the owner’s explicit consent.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site, except through the intended use of Company-endorsed code blocks on Party (Landing) Pages.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
6.03 Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Section 7: Liability and Indemnity
7.01 Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $500 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT, PRODUCT, OR SERVICE OUT OF WHICH LIABILITY AROSE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Section 8: General Legal Provisions
8.01 Governing Law and Jurisdiction
8.02 Limitation on Time to File Claims
8.03 Waiver and Severability
8.04 Entire Agreement
8.05 Your Comments and Concerns
This website is operated by Julie Godshall LLC, 733 Struck Street, Box 45492, Madison, WI 53744.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: [email protected].
Section 9. Payment, Refund and Cancellation Policy
Subscriber understands their credit card will be charged periodically in accordance with their membership plan, and authorizes our payment processor to charge their card on file. Subscriber must cancel prior to a charge in order to avoid the charge. Subscribers may cancel at any time, but no refunds are offered for any reason.
Cancellation initiated by the Subscriber results in the following actions at the end of the term they have paid for:
- Revocation of access to the Subscriber area of the Website;
- Erasure of data collected such as Guest information;
- Deactivation of any Events the Subscriber has set up; and
- Forfeiture of any accumulated affiliate credits or payments due.
Note that all purchases of done-for-you services are strictly non-refundable. This includes any flat rate or hourly rate services. Company will charge payment methods on file for amounts due.