Terms of Use
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SPARK WEBSITE, POWERED BY LIFEPICS. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE SPARK WEBSITE IMMEDIATELY AND YOU WILL NOT HAVE ANY RIGHT TO USE THE SERVICES. LIFEPICS’ ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY LIFEPICS, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
THE FOLLOWING TERMS, CONDITIONS, AND POLICIES SPECIFICALLY DISCUSS THE SPARK WEBSITE, AND ARE IN ADDITION TO THE TERMS, CONDITIONS, AND POLICIES STATED WHEN REGISTERING FOR AN ONLINE PHOTO ACCOUNT THROUGH A LIFEPICS POWERED WEBSITE. TO VIEW THE ADDITIONAL TERMS AND CONDITIONS, WHICH STILL APPLY TO THE SPARK WEBSITE, CLICK HERE. TO VIEW THE PRIVACY POLICY, WHICH STILL APPLIES TO THE SPARK WEBSITE, CLICK HERE. YOU ARE RESPONSIBLE FOR REVIEWING THESE ADDITIONAL TERMS, CONDITIONS, AND POLICIES, AND BY USING THE SPARK WEBSITE, YOU HEREBY AGREE TO ALL TERMS, CONDITIONS, AND POLICIES FOR ALL LIFEPICS POWERED WEBSITES.
You may at any time request a copy of this Agreement by emailing us at: info@lifepics.com.
The content available at www.spark.lifepics.com (the “Site”) and any related “Spark” services (“Services”) are owned and operated by LifePics, Inc. (“LifePics”), a Colorado corporation, and are provided to you under the following terms and conditions, whether you are a visitor simply browsing the Site, or a “Member” (which means that you have registered with the Site for the Services).
By accessing or using any of the Services you agree to be bound by the Terms which contain provisions applicable to all users of the Services, including casual visitors to the Site.
For the purposes of this Agreement, “you” means you, the person using the Site, and, if applicable, the person that agrees to the Terms when registering for membership (“Membership”). You and any persons in your household that you authorize to use your Membership account are referred to in this Agreement as the “User.” “LifePics,” “we,” or “us” means LifePics, Inc. In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
1. Services
Subject to the terms and conditions of this Agreement, and to your registration as a Member, LifePics will use reasonable efforts to provide the Services on the Site, solely for your own use, and not for the use or benefit of any third party. You certify to LifePics that you are an individual (i.e., not a corporation) and at least 18 years of age. If you are agreeing to these terms and conditions on behalf of a minor, you certify to LifePics that you are such minor’s legal guardian, and you take full responsibility for the use of the Services by any minors. As part of the registration process, you will identify a password for your Site account (“Account”). If you would like to learn more about how we handle your personal information, please review our Privacy Policy.
2. Availability
LifePics uses commercially reasonable efforts to ensure that the Services are available 24 hours a day, 7 days a week. However, there will be occasions when the Services will be interrupted for maintenance, upgrades, and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of LifePics. LifePics will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control of LifePics. YOU AGREE THAT LIFEPICS SHALL NOT BE LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY OF ANY KIND. You are responsible for obtaining access to any Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services.
3. Trademarks
All brand, product, and service names used in the Services which identify LifePics are proprietary marks of LifePics. All brand, product, and service names used in the Services which identify LifePics are proprietary marks of LifePics. All brand, product, and service names used in the Services which identify other entities and their products and services are proprietary marks of such third parties. Nothing in the Services shall be deemed to confer on any person any license or right on the part of LifePics or any third party with respect to any such image, logo, or name.
4. Copyright
Unless otherwise stated in this Agreement or on the Site, LifePics is the owner of all copyright and database rights in the Services and its contents. You may not publish, distribute, extract, reuse, or reproduce any such LifePics proprietary content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with these Terms.
5. Copyright, Other Proprietary and Privacy Protection for Other Users’ Content on the Site
LifePics hereby notifies you that all the information, content, image files, software, and materials on the Site may be protected by U.S. and international copyright and other intellectual property laws and by other applicable laws, including privacy laws. You understand that LifePics is unable to provide you with permission to copy, display, print, or distribute material for which you do not own the copyright or other intellectual property rights. You may not copy, print, or distribute such material without the written consent of the owner, and you are solely responsible for any copyright or other intellectual property law violations that you may incur as a result of your activities on or related to the Site. LifePics does not provide you with permission to access and view any content provided by other Users or third parties. LifePics has the absolute right to terminate your membership and or account or exclude you from the Site if you use the Service to violate the intellectual property rights or other rights of third parties. You agree to indemnify and hold LifePics harmless for any violation of this provision. By viewing the Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
6. Copyright Violations
Please refer to the following section if you believe the copyright in your work has been violated: Procedure For Making Claims of Copyright Infringement.
7. Registration
In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form (such information being the “Customer Data”) and (b) maintain and promptly update the Customer Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or LifePics has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, LifePics has the right to suspend or terminate your Membership and refuse any and all current or future use of the Service (or any portion thereof). To register as a User of the Service you must be 18 years or over. We request that children under 18 not use the Site without direct parental involvement.
8. Site License
LifePics grants you a personal, limited, revocable, non-exclusive, and non-transferable license to use the Site, including but not limited to the Services made available from the Site and used in the operation of the Site. This license extends only to the non-commercial creation, storage, and viewing of digital images and other media items on the Site and only pursuant to the Terms of this Agreement. This license is exclusive to you and you may not sublicense the use of the Site or provide, disclose, distribute, transfer, or otherwise make available the Site to any individuals or entities that LifePics has not specifically authorized to receive access to your account on the Site. LifePics expressly retains all ownership rights, title, and interest in and to all aspects of the Services and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble, or do any other operation with the Site that would reveal any source code, trade secrets, know-how, or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess, or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark, or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
9. License
LifePics does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials or content you make available or use in connection with the Site or the Services or used in connection with or managed by your account (“Content”). As a condition to your use of your account, you hereby grant to LifePics a non-exclusive, royalty-free license to use, copy, distribute, and display such Content for the sole purpose of enabling us to make your Content available through the Service and fulfilling any orders for you or for those with whom you have shared your Content. You remain the owner of all Content that you submit to the Service and as a condition of your use of the Site and the Services, you represent and warrant to LifePics that you are the owner of the copyright to Content you submit to the Service or that you have written permission from the copyright owner to submit such Content. In addition, you warrant that all moral rights in any Content have been waived. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. You agree to indemnify and hold LifePics harmless for any violation of this provision.
10. Restrictions
You will only use the Site and Services for lawful purposes, in compliance with all applicable laws and regulations, including, without limitation, copyright, trademark, obscenity, privacy, and defamation laws. You agree not to send inaccurate information through the Site, use the Site or Services for unlawful purposes, or attempt to hide your identity or represent yourself as someone else. Unlawful activities may include (without limitation) storing, distributing, or transmitting any unlawful material through use of the Site or Services, or attempting to compromise the security of any networked account or site. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of LifePics. To comply with applicable laws and lawful government requests, to operate its Services properly, or to protect itself or its users, LifePics reserves the right to access and disclose any text, information, graphics, photographs, media files, and other content provided to or by you, or accessed by you through the Site. This may also include disclosing users’ names and other registration and identification information. You agree to indemnify and hold LifePics, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site or Services, use of your Account by any third party, the violation of this Agreement by you, or the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You hereby acknowledge that LifePics has and shall have no liability for how the Site or Services are used, what content is posted or accessed, or what products or services are made available through the Site.
11. Intellectual Property
As between you and LifePics, all content and software included on the Site or made available via the Services are the property of LifePics and protected by United States and international copyright laws. The LifePics trademark and logo and other LifePics marks, graphics, and logos used on the Site are the property of, or licensed to, LifePics, Inc. LifePics’ trademarks and trade dress may not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LifePics. All other trademarks not owned by LifePics or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LifePics or its affiliates.
12. Submissions
We encourage Members to post updates, pictures, and media files (“Submissions”) through the Services. You may not post any personally identifying information through the Services such as last names, phone numbers, physical addresses, or email addresses, and we shall not be liable for any damages suffered resulting from the submission of your information or any other content through the Services. You may not make any Submission that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable or that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam. LifePics reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. By making Submissions, you grant LifePics and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display any Submission solely on the Site as part of the Services. You represent and warrant that you own or otherwise control all of the rights, title, and interest in and to your Submissions and that use thereof as contemplated herein will not cause injury to any person or entity. You agree to indemnify LifePics and its affiliates for any claims, liabilities, and losses (including, without limitation, court costs and attorneys’ fees) resulting from Submissions. LifePics has no obligation to screen, edit, monitor, or otherwise in any way censor any text, link, information, graphics, photographs, video, sound, files, or other content submitted to the Site, and assumes no responsibility for any such content.
You may place Content on the Site only in accordance with the following limitations and you may NOT store any of the following material on the Site or obtain any such material using the Site:
- Any threatening, obscene, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under applicable law. LifePics recommends you use an “adult-content” warning label when pictures are being shared that include legal adult content;
- Any material that could infringe rights of privacy, publicity, or copyrights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) whose likenesses are displayed in the material;
- Any material sent from an anonymous or false address.
LifePics will not be liable for the Content of any submission. You agree to indemnify and hold LifePics harmless for any violation of this provision.
13. Monitoring of Content
13.1 Your account with LifePics is available for your personal, non-commercial use. You can allow other people to view selected Content. Shared Content will require that you provide a license to your Content to others. You understand that LifePics can access your account and provide access to third parties for the following reasons:
- We can remind you of your password in case you forget it; if this becomes necessary, we send an e-mail upon your request to the address from which you opened your account;
- To maintain the Site and to develop new and useful features and services;
- To follow a court order, subpoena, complaint, or a lawful request from governmental authorities.
13.2 You acknowledge that LifePics may not pre-screen Content, but that LifePics and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, LifePics and its designees shall have the right to remove any Content that violates any part of these Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by LifePics or submitted to LifePics.
13.3 Any Content discovered on the Site that is deemed in the sole discretion of LifePics to be in violation of Title 18 of the United States Code, Sections 2251 et seq. may be reported and disclosed to appropriate law enforcement agencies.
13.4 You acknowledge, consent, and agree that LifePics may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of LifePics, its users and the public.
13.5 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
13.6 You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by LifePics and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
14. Conduct
14.1 You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not LifePics, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. LifePics does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will LifePics be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
14.2 You may not obtain or seek to obtain access to materials on the Site for which your access is not authorized, including materials belonging to other users. Any attempt to circumvent firewalls or other security devices of the Site is a violation of this Agreement. You agree to indemnify and hold LifePics harmless for any violation of this provision.
15. Upgrades and Support
From time to time, LifePics may (and has the right to) send you information and offers about upgrades, documentation, and other services offered by LifePics. Notwithstanding the foregoing, under no circumstances will LifePics have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services or Site.
16. Termination
Members may close their Account at any time by notifying LifePics via email. LifePics may suspend or terminate your Account immediately at any time, without prior notice or liability, if you breach any of the terms or conditions of this Agreement, or violate the Community Guidelines and Safety Tips. Without limiting the generality of the foregoing, LifePics will terminate your Account if you repeatedly upload Submissions that infringe on third-party copyrights. Upon termination of your Account, your right to use the Services will immediately cease. If you fail to delete your Submissions prior to termination or suspension of your Account, LifePics may (but shall be under no obligation to) maintain such Submissions following such termination or suspension. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability.
17. Electronic Communications Privacy Act Notice (18USC 2701-2711)
LIFEPICS MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE. LifePics will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on LifePics’ equipment, transmitted over networks accessed by the Services, or otherwise connected with your use of the Site or Services.
18. Warranty Disclaimer
You use the Site and Services at your own risk. LifePics, its employees, users, affiliates, agents, third-party content providers, merchants, licensors, and the like do not warrant that the Site or Services will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the Site or Services, or as to any content, product, service, transaction or merchandise purchased through the Site or provided or entered into through the Services. THE SITE, SERVICES, AND ANY CONTENT AND PRODUCTS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. LIFEPICS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SERVICES, OR ANY CONTENT OR PRODUCTS, AND HEREBY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
19. Indemnification
You agree to indemnify and hold LifePics, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any rights of another.
20. Limitation of Liability
NOTWITHSTANDING ANYTHING CONTAINED IN THIS AGREEMENT OR OTHERWISE, LIFEPICS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN EXCESS IN THE AGGREGATE OF THE AMOUNTS PAID BY YOU FOR THE SERVICES DURING THE TWELVE MONTH PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE, OR (II) FOR ANY INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, CONTENT OR FILES, PROFIT, GOODWILL, OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
21. Miscellaneous
LifePics reserves the right to change its prices, policies, and Services, or to modify this Agreement, by posting a notice on the Site or by providing you with an email notice. You shall be responsible for reviewing and becoming familiar with any changes. If LifePics does not receive written notice of termination from you within fifteen (15) days after a notice, it will be assumed that you accept the changes. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you. LifePics may assign this Agreement in whole or in part. This Agreement shall be governed by and construed in accordance with the laws of the state of Colorado without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the Colorado state and U.S. federal courts having within their jurisdiction the location of LifePics’ principal place of business, and each party hereby consents to such jurisdiction and venue. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind LifePics in any respect whatsoever. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.
