Introduction

This is a legal agreement between you, the potential user of this website ("you"), and Creative Sparks Inc ("Creative Sparks"). Your use of Creative Sparks' products, services and web sites, this website, or any of the products and services offered on this Site (collectively, the "Services") is conditioned on your acceptance, without modification, of these Terms of Service ("Terms"). Please read these Terms carefully. If you do not agree to these Terms, you should not use the Services. You accept the Terms simply by using the Services. In this case, you understand and agree that Creative Sparks will consider your use of the Services as an agreement to the Terms. Creative Sparks may, at its sole discretion, modify these Terms at any time, and such modifications will be effective immediately upon being posted on this Site.

Terms of Use

Creative Sparks is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services, which Creative Sparks provides, may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Creative Sparks may stop (permanently or temporarily) providing any of the Services to you or to users generally at Creative Sparks' sole discretion, without prior notice to you. You may stop using the Services at any time. You acknowledge and agree that if Creative Sparks disables access to your account, you may be prevented from accessing the Services, your account details, or any files or other content that is contained in your account.

Use of the services by you

In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Creative Sparks will always be accurate, correct, and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation, or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States, United Kingdom, India, and other relevant countries). You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Creative Sparks, unless you have been specifically allowed to do so in a separate agreement with Creative Sparks. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services. You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with Creative Sparks, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. You agree that you are solely responsible for (and that Creative Sparks has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Creative Sparks may suffer) of any such breach.

Accounts, passwords, and security

You agree and understand that you are responsible for not automating account creation. You are also responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Creative Sparks for all activities that occur under your account. Creative Sparks is not responsible whatsoever for any actions taken under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Creative Sparks immediately at welisten@Kubric.io.

Content in the services

You understand that all information (such as files, media, images, text) which you may have access to as part of, or through your use of, the Services is the sole responsibility of the source from which such content originated. All such information is referred to here as the "Content". Creative Sparks does its best to give proper credit to the source from which the data was indexed. Creative Sparks' search engine lays no claim to the ownership of the content originated at these sites. If some content is cached, it is done for the sole purpose of providing users with the best possible service. If you think that any content is objectionable, please inform Creative Sparks at your convenience. Creative Sparks respects the intellectual property of others, and we ask our users to do the same. If you believe that your work is used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Creative Sparks the following information: 1. A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest. 2. A description of the copyrighted work or other intellectual property that you claim has been infringed. 3. A description of where the material that you claim is infringing is located on the site. 4. Your address, telephone number, and email address. 5. A statement by you that you have in good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law. 6. A statement by you, made under penalty of perjury, that all the above information is accurate, and that you are the copyright or intellectual property owner or authorized to act on the behalf of such owner. You agree that you are solely responsible for (and that Creative Sparks has no responsibility to you or to any third party for) any Content that you create, transmit, or display while using the Services and for the consequences of your actions (including any loss or damage which Creative Sparks may suffer) by doing so. You understand that by using the Services you may be exposed to Content that you may find offensive, indecent, or objectionable and that, in this respect, you use the Services at your own risk.

Creative Sparks' and your proprietary rights

Unless you have agreed otherwise in writing with Creative Sparks, nothing in the Terms gives you a right to use any of Creative Sparks' trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices), which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Creative Sparks, you agree that in using the Services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Termination of relationship

Creative Sparks may, at any time, terminate its legal agreement with you, including termination of your account, if you breach any provision of the Terms, as per the sole discretion of Creative Sparks. Creative Sparks holds the right to deny you Services without any express reason. Creative Sparks may also terminate the relationship with you if Creative Sparks is legally required to do so (e.g., when provision of Services provided by Creative Sparks is, or becomes, unlawful); or if the partner(s) with whom Creative Sparks offered the Services to you has terminated its relationship with Creative Sparks or ceased to offer the Services to you; or the provision of the Services to you by Creative Sparks is, in Creative Sparks' opinion, no longer commercially viable.

Exclusion of warranties

You expressly understand and agree that your use of the services is at your sole risk and that the services are provided "as is" and "as available". In particular, Creative Sparks, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that:

  • Your use of the services will meet your requirements.
  • Your use of the services will be uninterrupted, timely, secure, or free from error.
  • Any information obtained by you as a result of your use of the services will be accurate or reliable.
  • That defects in the operation or functionality of any software provided to you as part of the services will be corrected.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or other device, or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Creative Sparks, or through or from the services shall create any warranty not expressly stated in the terms. Creative Sparks further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of liability

Creative Sparks is never liable for any direct, indirect, incidental, special, consequential, or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to:

  • Any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
  • Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of
  • Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services
  • Any changes which Creative Sparks may make to the services, or for any permanent or temporary cessation in the provision of the services (or any features within the services)
  • The deletion of, corruption of, or failure to store any content and other communications data maintained or transmitted by or through your use of the services.
  • Your failure to provide Creative Sparks with accurate account information.
  • Your failure to keep your password or account details secure and confidential.

The limitations on Creative Sparks' liability to you above shall apply whether or not Creative Sparks has been advised of or should have been aware of the possibility of any such losses arising.

Advertisements

Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services, or other information. The manner, mode, and extent of advertising by Creative Sparks on the Services are subject to change without specific notice to you. In consideration for Creative Sparks granting you access to and use of the Services, you agree that Creative Sparks may place such advertising on the Services.

Other content

The Services may include hyperlinks to other web sites or content or resources. Creative Sparks may have no control over any web sites or resources which are provided by companies or persons other than Creative Sparks. You acknowledge and agree that Creative Sparks is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products, or other materials on or available from such web sites or resources. You acknowledge and agree that Creative Sparks is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

General legal terms

Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or media, or purchase goods, which are provided by another person or company. Your use of these other services, software, or goods may be subject to separate terms between you and the company or person concerned. In the event the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and Creative Sparks and govern your use of the Services (but excluding any services which Creative Sparks may provide to you under a separate written agreement), and completely replace any prior agreements between you and Creative Sparks in relation to the Services. You agree that Creative Sparks may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if Creative Sparks does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Creative Sparks has the benefit of under any applicable law), this will not be taken to be a formal waiver of Creative Sparks' rights and that those rights or remedies will still be available to Creative Sparks. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

Gift cards & coupon codes

Subject to the rest of these Terms and Conditions, by purchasing or using any physical or digital gift card for Creative Sparks (“Gift Card”), you agree to the following:

  • Each Gift Card is valid only for a period of 365 days from the date of purchase.
  • Gift Cards can be redeemed on the Creative Sparks website or app.
  • To redeem a Gift Card, you must register as a Creative Sparks user and must be at least 18 years old
  • Gift Cards may each be used only once.
  • Except as otherwise required by applicable law, Gift Cards cannot be redeemed for cash, returned, or re-sold.
  • Creative Sparks is not responsible lost, stolen, or misused Gift Cards.

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