Last Updated Sept 19, 2018
1. Description of Service
- TimeSpark provides access to Content (as defined herein) and various communication and technology tools (collectively, hereafter, "The Website"). "Content" includes, but is not limited to, text, graphics, animation, photographs, video, audio, sound, music, documents, files, scripts, software, programming code, games, simulation, interactive features, information, communication, advertisements, opinion, recommendation, or advice posted, uploaded, submitted, transmitted, or otherwise made available on or via The Website by you, The Website advertisers, sponsors, affiliates, or other users of The Website, whether private or public.
- The Website is provided by "MediaSpark Incorporated" a body corporate pursuant to the laws of Canada (hereafter, "MEDIASPARK").
2. Acceptance of Terms
- The TOU applies to all browsers and users of The Website, including users who are also contributors of Content, information, or other materials or services on The Website.
- The TOU may be updated from time to time without notice to you.
- The most current version of the TOU can be reviewed on the The Website.
- You are solely responsible for your conduct and your Content on The Website, and your compliance with the TOU.
- By using or browsing The Website and/or clicking to accept or agree to the TOU, where this option is made available to you on The Website, you acknowledge that you have read, understood, and agree to be bound by the TOU. You may not use The Website if you do not accept the TOU.
- You may not use The Website and may not accept the TOU if you are not of legal age to form a binding contract with MEDIASPARK. You must also comply with all local, national, and international laws and regulations that apply to you based on your location of residence and/or from the location from which you use The Website. Furthermore, children under age 13 may NOT create a personal or organizational account on The Website
- If the TOU is provided in a language other than English, you agree that the translation is only provided as a convenience and that the English language version of the TOU will bind your relationship with MEDIASPARK, and will take precedence should there be any contradictions with non-English language versions.
- You understand and agree that MEDIASPARK reserves the right to determine, in its sole discretion, whether you have violated the TOU.
3. Use of The Website
- You understand and agree that any fees you may have paid for physical or virtual goods or services provided by or through The Website or its affiliates are non-refundable once said goods or services have been made available to you to use or access.
- You understand and agree that The Website is provided "as is" and that MEDIASPARK assumes no responsibility for the timeliness, deletion, misdelivery, or failure to transmit, receive, or store any user Content, communication, or settings.
- You understand and agree that use of The Website and Content is at your sole risk.
- You understand and agree that The Website may change from time to time without prior notice to you.
- You understand and agree that The Website may include communications related to The Website, such as administrative messages, service announcements, and that these communications are considered part of The Website and you may not be able to opt out of receiving them.
- You understand and agree that The Website may contain text, files, and links to third party Content and Content sources that are not owned or controlled by MEDIASPARK or The Website. You should not act on any idea, advice, suggestion, or other information received by or through The Website or MEDIASPARK without first seeking independent professional advice. MEDIASPARK assumes no responsibility for the Content, policies, or practices of any third party Content or Content sources. By using The Website, you indemnify and hold harmless MEDIASPARK from any and all liability arising from your use of The Website, MEDIASPARK, and third party Content or Content sources.
- You understand and agree that access to The Website may be interrupted and MEDIASPARK may temporarily or permanently stop providing The Website, or any features within The Website, at MEDIASPARK's sole discretion. When and if possible, MEDIASPARK shall make reasonable best efforts to provide reasonable notice in advance of any service interruption known to MEDIASPARK.
- You understand and agree that if MEDIASPARK stops providing The Website, limits access to The Website, or disables your account, you may be prevented from accessing information, Content, resources, or communications related to your account and The Website.
- You are responsible for obtaining access to The Website, and that access may involve the need for equipment, as well as third-party fees, such as, but not limited to, Internet service provider, text messaging, or airtime charges. You are responsible for those fees.
- In order to use or access The Website, you may be required to provide information about yourself. You agree that any information you provide on The Website or to MEDIASPARK will be accurate, complete, and up to date.
- You agree not to impersonate any person or entity or misrepresent your association or affiliation with a person or entity.
- In order to access certain features and Content on The Website you have to create a The Website account. You may not use, access, or alter another person's The Website account or related Content without permission.
- You understand that you may be exposed to Content that may be inaccurate, incorrect, false, misleading, unsafe, harmful, hostile, intimidating, violent, pornographic, offensive, defamatory, libelous, indecent, unlawful, objectionable, prohibited, or generally considered inappropriate for a general audience, and you agree that MEDIASPARK will not, under any circumstances, be held liable in any way for said Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content or your use of The Website. MEDIASPARK makes no claims that The Website or the Content is timely, accurate, error-free, or secure.
- You are solely responsible for the activity that occurs on your account. You must keep your account password for The Website secret and secure, otherwise you may be liable for losses incurred by The Website and/or MEDIASPARK that result from such unauthorized use of your account.
- You must immediately notify MEDIASPARK of any unauthorized use of your account or suspicious activity related to your account.
- You agree not to, and not to attempt to, modify or alter The Website in any way that is not explicitly allowed and provided for in the design and normal functionality of The Website.
- You agree not to use The Website in any way that interferes with other people's use and enjoyment of The Website. This includes, but is not limited to, any action or comment that might be considered to be Spam, unlawful, fraudulent, stalking, indecent, harassment, offensive, hostile, defamatory, libelous, or slanderous.
- You agree not to disable, circumvent, or otherwise interfere with security-related features of The Website or any other features intended to control, restrict, limit, monitor, or manage the use of The Website. You agree not to disable, circumvent, or otherwise interfere with the display of Content on The Website.
- You agree not to access Content on The Website through any means or technology that is not explicitly allowed and provided for in the design of and normal functionality of The Website or authorized means that MEDIASPARK may designate.
- You agree not to harvest personally identifiable information, including but not limited to usernames, nicknames, personal names, physical addresses, and email addresses, from The Website.
- You agree not to use The Website for any commercial use not explicitly allowed and encouraged by The Website or provided for with the prior written permission of MEDIASPARK. Excluded commercial activity includes, but is not limited to: Sale or access to The Website on another website; Use of The Website for the purpose of gaining advertising revenue; Any use of The Website that MEDIASPARK, in its sole discretion, determines is contrary to the current or future success of The Website and its community, or MEDIASPARK.
- You agree not to launch, use, or facilitate the use of any automated system, including but not limited to spiders, robots, archival services, or offline readers, that access The Website in a manner that communicates, including but not limited to send requests and HTTP requests, with The Website in a given period of time more frequently than a human can reasonably do within the same period of time using a conventional Internet browser working under normal use. Notwithstanding the aforementioned limitations, The Website and MEDIASPARK grant public search engine operators limited permission to use spiders to index the Content of The Website that is purposely made available by MEDIASPARK and The Website for public viewing, including the copying of said Content, for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indexes of the The Website Content but not for use in archives or caches. MEDIASPARK and The Website reserve the right to revoke these exceptions in their entirety, partially, or on a case-by-case basis. The aforementioned righs granted to public search engine operators explicitly excludes Content that is intended to remain private by users of The Website.
- You agree that your account on The Website is non-transferable.
- You agree to use Content and The Website only as expressly permitted under this TOU.
- MEDIASPARK reserves all rights in The Website not expressly granted in this TOU.
4. Account Termination
MEDIASPARK reserves the right, in its sole discretion, to restrict, limit, or terminate your account, with or without notice, at any time.
5. User-Submitted Content
- MEDIASPARK and The Website do not claim ownership of Content you submit, post, or display on or through The Website, excluding Ideas and Feedback as defined herein. Content submitted, posted, or displayed on or through The Website, excluding Ideas and Feedback as defined herein, remains the property of its original and respective owners. Excluding user-submitted Content, other Content and trademarks, service marks, and logos are owned or licensed by MEDIASPARK, subject to copyright and other intellectual property rights under the law and may not be used or exploited for any other purpose without the express written consent of the respective owners.
- You understand that, when using The Website, you will be exposed to Content from a variety of sources, and that all Content is the sole responsibility of the person or organization from whom or where it originated. You agree to be responsible for all Content that you make available via The Website.
- MEDIASPARK does not guarantee the integrity, accuracy, or quality of Content. MEDIASPARK does not endorse any Content and explicitly disclaims any and all liability in connection with Content.
- You agree not to submit Content that may be considered unsafe, harmful, hostile, intimidating, violent, pornographic, offensive, defamatory, libelous, indecent, unlawful, objectionable, prohibited, or generally considered inappropriate for a general audience.
- You agree not to post information that you know to be incorrect, false, or misleading.
- You agree not to use The Website as a generic file hosting service.
- You agree to be solely responsible for your own Content submissions and the consequences of submitting, posting, or publishing said Content.
- You agree not to submit, post, display, or transmit Content to or on The Website in such a way as to violate the copyright, privacy, publicity, trade secrets, or intellectual property rights of the Content owner(s).
- User-Submitted Content must not be or contain viruses, trojan horses, spam, chain letters, pyramid schemes, or any Content or functionality that might interfere, interrupt, tamper with, or alter The Website or its users' related software or hardware equipment or overall enjoyment of The Website.
- MEDIASPARK does not allow Content or activity on The Website that infringes on copyrights, trade secrets, or intellectual property rights. You agree not to submit such Content or participate in said activities.
- MEDIASPARK makes reasonable efforts to maintain the privacy and confidentiality of Content, but MEDIASPARK and The Website are not liable for any losses or damages that may be suffered from the lack or loss of confidentiality or anonymity.
- You understand and agree that MEDIASPARK reserves the right to modify, move, or remove any Content on The Website.
- You agree that Content submitted by you to The Website may be retained and copied by MEDIASPARK for backup purposes.
6. Ideas and Feedback
"Ideas and Feedback" are suggestions, ideas, feedback, and/or proposals for changing, fixing, improving, or extending or adding to the features of The Website submitted by you to MEDIASPARK through The Website or other method. Notwithstanding the terms and conditions of section 5.1 above, you acknowledge and agree that:
- Your Ideas and Feedback do not contain confidential or proprietary information.
- MEDIASPARK is not under any obligation or confidentiality, express or implied, with respect to the Ideas and Feedback.
- MEDIASPARK is entitled to choose to, or choose not to, use or disclose said Ideas and Feedback for any purpose without restriction.
- MEDIASPARK may have something similar to the Ideas and Feedback already under consideration or in development.
- Your Ideas and Feedback automatically become the property of MEDIASPARK without any obligation of MEDIASPARK to you.
- You are not entitled to any compensation or reimbursement of any kind from MEDIASPARK under any circumstances.
7. Copyright or Intellectual Property Infringement
MEDIASPARK respects the rights of Content owners. If you believe your work is used on The Website in a way that infringes on your copyright or violates your intellectual property rights, please contact MEDIASPARK via The Website and provide sufficient information to identify and confirm the Content in question, the related violation, and your ownership rights. The mailing address is MEDIASPARK INC., PO Box 975, Sydney, NS, B1P 6J4, CANADA.
8. Dispute Resolution
- Before filing a claim against MEDIASPARK, you agree to try to resolve the dispute informally by contacting MEDIASPARK. MEDIASPARK will try to resolve the dispute with you in writing by email. If a dispute is not resolved within 30 days of submission, you or MEDIASPARK may bring a formal proceeding.
- You or MEDIASPARK may assert claims, if they qualify, in small claims court in Sydney, Nova Scotia, Canada.
- You or MEDIASPARK may bring a lawsuit for disputes or claims related to copyrights, patents, moral rights, trademarks, trade secrets, piracy, and unauthorized use of the Website.
- In the event that the agreement to arbitrate is found not to apply to you or your claim, you and MEDIASPARK agree that any judicial proceeding (other than small claims actions) will be brought in the federal or provincial courts of Sydney, Nova Scotia, Canada.
- You may only resolve disputes with MEDIASPARK on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
You agree that MEDIASPARK, in its sole discretion, may choose to modify this TOU from time to time.
MEDIASPARK may provide you with notices regarding The Website, including changes to the TOU, via email, regular mail, postings on The Website, or other reasonable means. The means by which notices are provided are at MEDIASPARK's sole discretion.
The headings of the paragraphs are inserted for convenience of reference only and shall not affect the interpretation or construction of this TOU.
You agree to indemnify, defend, and hold harmless MEDIASPARK, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents from any claim or demand, liabilities, losses, damages or expenses, including reasonable attorneys' fees and costs made by any third party due to or arising out of your use of The Website, Content you submit, post, transmit, or otherwise make available through The Website, your connection to The Website, your violation of the TOU, or your violation of any rights of another.
The failure of MEDIASPARK to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision in this TOU is held to be illegal, invalid or unenforceable, such provision shall be fully severable, and this TOU shall be construed and enforced as if such illegal, invalid or unenforceable provision had never been a part of this TOU. The remaining provisions of this TOU shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this TOU.
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof and supersedes any prior discussions, negotiations or agreements.
- Statute of Limitations
You agree that, regardless of any statute or law to the contrary, any claims or cause of action arising out of, or related to The Website or the TOU, must be filed within 6 months after such claim or cause of action arose or be forever banned.
"MEDIASPARK" is a registered trademarks or trademark of MediaSpark Incorporated in Canada, the United States, and/or other countries. All other trademarks and registered trademarks are property of their respective owners.
- Limitations of Liability
By using The Website and Content, you accept it "As Is", "with all faults." MEDIASPARK, including subsidiary and affiliated companies and organizations, directors, officers, agents, employees, shareholders, licensors, licensees, and agents make no warranties or conditions, express, implied or statutory, with respect to The Website and the Content including those for merchantability and fitness for a particular purpose. MEDIASPARK will not be liable, in any event, for any incidental or consequential damages whatsoever (including, without limitation, damages for loss of personal or business profits, loss of business or personal information, non-infringement, interruption, other pecuniary loss, or their equivalent under the laws of any jurisdiction) arising out of use or inability to use The Website and the Content, even if MEDIASPARK has been specifically advised of the possibility of such damages. MEDIASPARK make no representation that The Website and the Content is free of defects. MEDIASPARK also make no warranties or conditions, express, implied or statutory, including those for merchantability and fitness for a particular purpose, with respect to the operation or performance of The Website, the Content, or access performance of information obtained from the Internet while using The Website or Content. The entire risk of use and consequences of use of The Website and the Content falls completely on you, and MEDIASPARK shall not be liable in any respect for any claims loss or injury alleged to have resulted from use of or in reliance on The Website and the Content. In no event will the liability for any damages ever exceed the cost of the fees directly charged by MEDIASPARK and paid by you for your right to use The Website.
- Additional Warranties
No written or oral information, guidance, or advice provided by MEDIASPARK or through The Website shall create any warranty not expressly stated in the TOU.
- Applicable Law
This Agreement shall be governed by the laws of the Province of Nova Scotia, Canada.
- "Personal Information" is information about you that is personally identifiable, such as your name, address, telephone number, and email address, that is not otherwise available publicly.
- You understand and agree that by using The Website, you consent to the collection and use of the information as set forth herein, including the transfer of this information to Canada, the United States and/or other countries for storage, processing and use by The Website and MEDIASPARK.
2. Information That is Collected
- The Website collects Personal Information when you create an account.
- The Website collects statistical information when you visit and use The Website, such as the website pages being visited, links being clicked, and other similar browsing activities.
- The Website receives and records information from your computer including your IP Address, operating system, browser, software, and hardware system information.
- MEDIASPARK respects the privacy of children. Children under aged 13 should only browse The Website under the supervision of a parent or guardian and should NOT create a personal account.
- You understand that when using The Website, you will be exposed to Content from a variety of sources, which may or may not be affiliated to The Website. The Website has no control over these third-party sources, and does not guarantee their integrity, accuracy, quality, privacy policies, or practices. You should proceed with caution when visiting any website or providing your Personal Information.
3. How Your Information is Used
- The Website uses information to customize the Content you see. Your Personal Information may be publicly displayed to identify information and Content that you post on The Website.
- Information may be used to help improve The Website or conduct research.
- Your Personal Information may be used to respond to your requests for help.
- If you create an account on The Website, you may receive communications related to The Website, such as administrative messages, service announcements, and that these communications are considered part of The Website and you may not be able to opt out of receiving them. If you do not want to receive such communications, do not create an account on The Website. If already created, you can request that your account on the Website be deactivated.
- Personal Information is not sold or rented.
- Your information may be transferred in the event that The Website is sold, acquired, or merged with another company.
- The Website uses third-party payment processors, Stripe and PayPal, for all payments. The Website does not store credit card details — such data is managed by the payment processors.
4. Security of Your Information
- The Website has features in place to protect the loss, misuse, and alteration of the information provided by users.
- MEDIASPARK limits access to Personal Information to personnel who need to manage or monitor The Website.
- Despite the safeguards that are in place, 100% security and confidentiality cannot be guaranteed.
- If you choose to join a specific Company account on The Website, you are agreeing to submit and share your information with the Company administrators. The Company administrators have full access to the information you submit to The Website and may choose to hold this information indefinitely. MEDIASPARK will not delete or edit information that you choose to submit to the Company, unless requested to do so by the Company.
5. Modification and Notice