Terms of Service
Last updated: December 15, 2024
1. Acceptance of Terms
By accessing and using the SparkHorizons website and services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our services.
These Terms constitute a legally binding agreement between you ("User," "you," or "your") and SparkHorizons ("Company," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting on our website.
2. Definitions
"Service"
Refers to the SparkHorizons website, mobile applications, and all related services, features, and functionality.
"Content"
Includes all text, graphics, images, videos, audio, software, and other materials displayed on or through our Service.
"User Content"
Any content, data, or information that you submit, upload, post, or transmit through our Service.
"Account"
The user account created when you register for our services, including any personal information and preferences.
3. Use of Service
3.1 Eligibility
You must be at least 18 years old to use our Service. By using our Service, you represent and warrant that you have the legal capacity to enter into these Terms and that you will comply with all applicable laws and regulations.
3.2 Permitted Use
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Service in any way that violates applicable laws or regulations
- Transmit or procure the sending of any advertising or promotional material without our prior written consent
- Impersonate or attempt to impersonate the Company, employees, or other users
- Use any automated system to access the Service, including spiders, robots, or crawlers
- Interfere with or disrupt the Service or servers or networks connected to the Service
3.3 Service Availability
We strive to maintain the availability of our Service, but we do not guarantee uninterrupted access. We may suspend or discontinue the Service, in whole or in part, at any time without prior notice for maintenance, updates, or other operational reasons.
4. User Accounts
4.1 Account Registration
To access certain features of our Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
4.2 Account Security
You are solely responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your account. We will not be liable for any loss or damage arising from your failure to protect your account information.
4.3 Account Termination
You may terminate your account at any time by contacting us through our contact page. We may suspend or terminate your account if we believe you have violated these Terms or if we determine it is necessary to protect the security or integrity of our Service.
5. Intellectual Property
5.1 Our Rights
The Service and its original content, features, and functionality are and will remain the exclusive property of SparkHorizons and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
5.2 User Content License
By submitting content to our Service, you grant us a worldwide, royalty-free, sub-licensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content.
5.3 Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that content on our Service infringes your copyright, please contact us through our contact page with detailed information about the alleged infringement.
6. Privacy Policy
Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our Service, you consent to the collection and use of your information as described in our Privacy Policy.
You can review our Privacy Policy at any time by visiting our Privacy Policy page. We encourage you to read our Privacy Policy carefully to understand our practices regarding your personal information.
7. Limitation of Liability
7.1 Service Provided "As Is"
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including the warranties of merchantability, fitness for a particular purpose, and non-infringement.
7.2 Limitation of Damages
In no event shall SparkHorizons, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.
7.3 Maximum Liability
Our total liability to you for all damages arising out of or relating to your use of the Service shall not exceed the amount you have paid us in the twelve (12) months preceding the event giving rise to the claim, or $100, whichever is greater.
8. Termination
8.1 Termination by You
You may terminate your account at any time by following the instructions on our Service or by contacting us through our contact page. Upon termination, your right to use the Service will cease immediately.
8.2 Termination by Us
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.
8.3 Effect of Termination
All provisions of the Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability. We will not be liable to you or any third party for termination of your access to the Service.
9. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Philippines, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Metro Manila, Philippines, and you hereby consent to personal jurisdiction and venue therein.
10. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.
Your continued use of the Service following the posting of any changes constitutes acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Service.
11. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.
12. Contact Information
If you have any questions about these Terms of Service, please contact us using the information below:
Address
Metro Manila, Philippines
Phone
+63 917 174 8158Business Hours
Monday - Saturday: 8:00 AM - 5:00 PM
Sunday: Closed