SPARK Memories Radio End User License Agreement
Effective as of March 14, 2016
By setting up a Spark Memories Radio account or otherwise using the Spark Memories Radio website (“Website”), our mobile and desktop apps (the “Apps”) and all related sites, players, widgets, tools, apps, data, software, APIs and other services provided by Spark (the “Services”), or accessing any content or material that is made available by us through the Service (the “Content”) you are agreeing to the terms of this Agreement.
2. Changes to the Agreements
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by deleting your account by contacting us at firstname.lastname@example.org or cancelling your automatically renewing subscription as provided below.
3. Spark Memories Radio Subscriptions and Free Trial
3.1 Free 7 Day Trial
You may download the Spark Memories Radio App for free, establish an account using a valid email ID and use all of the features of the Services at no charge for 7 days from the time you sign up for an account (“Free Trial Period”). We do not require a credit card or subscription commitment prior to the Free Trial Period. Note that you will no longer have access to any of the Spark Services following the expiration of the Free Trial Period without a paid subscription.
3.2 Paid Subscriptions through Apple’s App Store, Google Play or other third party
Spark Memories Radio Services for individual users (“Individual Accounts”) are provided on a monthly subscription basis at the rates and terms outlined on our website or on the Subscriptions section in the App settings. At the end of the Free Trial Period, you will be asked if you want to subscribe to one of the available subscription plans. If you decide to subscribe, you will be directed to the payment processing service (e.g. Apple’s iTunes App Store or Google Play Store) where you can subscribe to the Spark Services on an automatically renewing basis through your Apple iTunes or Google Play account. The subscription renews at the end of the subscription term unless auto-renew is turned off at least 24 hours before end of the current subscription period. Your iTunes or Google Play account will automatically be charged within 24 hours prior to the end of the current period and you will be charged for one month at a time. You can turn off auto-renew at any time from your iTunes or Google Play account settings.
3.3 Other Paid Subscriptions
Other Spark Services such as our multi-user enterprise account for use by retirement communities or caregivers require payment before you can access them. To inquire about Spark multi-user enterprise accounts pricing and payment plans, email email@example.com or visit our website
4. System Requirements
Use of the Spark Service requires Internet access (fees may apply) with the ability to stream music at a data throughput capacity of at least 128kbps and a compatible iOS or Android device (see requirements on our website). Because use of the Service involves a hardware device and Internet Access, your ability to use the Service may be affected by the performance of these factors. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
5. Rights we grant you
The Spark Service and the Content are the property of Spark or Spark’s licensors. We grant you a limited, non-exclusive, revocable License to make use of the Spark Service, and a limited, non-exclusive, revocable License to make personal, non-commercial, entertainment use of the Content (the “License”). This License shall remain in effect until and unless terminated by you or Spark. You promise and agree that you are using the Content for personal, non-commercial, entertainment use and that you will not redistribute or transfer the Spark Service or the Content.
The Spark software applications and the Content are licensed, not sold, to you, and Spark and its licensors retain ownership of all copies of the Spark software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All Spark trademarks, service marks, trade names, logos, domain names, and any other Spark features are the sole property of Spark or its licensors. The Agreements do not grant you any rights to use any Spark marks, names or features whether for commercial or non-commercial use.
You agree to abide by our User guidelines and not to use the Spark Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, Spark grants no right, title, or interest to you in the Spark Service or Content.
6. Rights you grant us
In consideration for the rights granted to you under the Agreements, you grant us the right to allow the Spark Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service. If you provide feedback, ideas or suggestions to Spark in connection with the Spark Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Spark to use that Feedback without restriction and without payment to you.
7. User guidelines
The following is not permitted for any reason whatsoever:
- copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Spark Service or the Content, or otherwise making any use of the Spark Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Spark Service or the Content or any part of it;
- reverse-engineering, decompiling, disassembling, modifying, or creating derivative works based on the Spark Service, Content or any part thereof unless permitted by applicable law;
- circumventing any technology used by Spark, its licensors, or any third party to protect the Content or the Service;
- selling, renting, sublicensing or leasing of any part of the Spark Service or the Content;
- abusing the Free Trial period by using email aliases to obtain multiple free trials.
- “crawling” the Spark Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from Spark;
- using the Services on more than one device at the same time, unless expressly authorized under the terms of an enterprise license agreement.
- Using the Services outside of the United States. Spark is licensed and available only for use within the United States.
Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.
8. Service limitations and modifications
Spark will make reasonable efforts to keep the Spark Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Spark reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Spark Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Spark Service or any function or feature thereof. You understand, agree, and accept that Spark has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Spark and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
9. Customer support
For customer support with account-related and payment-related questions, please email firstname.lastname@example.org. We will use reasonable endeavors to respond to all customer support emails within a reasonable time frame but we make no guarantees or warranties of any kind that any customer support emails will be responded to within any particular time frame and/or that we will be able to satisfactorily answer any such queries.
10. Term and termination
The Agreements will continue to apply to you until terminated by either you or Spark. Spark may terminate the Agreements or suspend your access to the Spark Service at any time, including in the event of your actual or suspected unauthorized use of the Spark Service and/or Content, or non-compliance with the Agreements. If you or Spark terminate the Agreements, or if Spark suspends your access to the Spark Service, you agree that Spark shall have no liability or responsibility to you and Spark will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.
11. Warranty and disclaimer
THE SPARK SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE SPARK SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARK AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEITHER SPARK NOR ANY OWNER OF CONTENT WARRANTS THAT THE SPARK SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT SPARK IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS IN CONNECTION WITH THE SERVICE OR PURCHASE OF THE SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SPARK SHALL CREATE ANY WARRANTY ON BEHALF OF SPARK IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SPARK SERVICE IS TO UNINSTALL ANY SPARK SOFTWARE AND TO STOP USING THE SPARK SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPARK, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SPARK SERVICE, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SPARK HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SPARK SERVICE MORE THAN THE AMOUNTS PAID BY YOU TO SPARK DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
Nothing in the Agreements removes or limits Spark’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
13. Entire agreement
Other than as stated in this section or as explicitly agreed upon in writing between you and Spark, the Agreements constitute all the terms and conditions agreed upon between you and Spark and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
14. Severability and waiver
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Spark or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Spark’s or the applicable third party beneficiary’s right to do so.
Spark may assign the Agreements or any part of them, and Spark may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Spark harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of this Agreement; (2) any activity in which you engage on or through the Spark Service; and (3) your violation of any law or the rights of a third party.
17. Governing Law
The Laws of the State of Colorado, govern this EULA and your use of the Service. Your use of the Service may also be subject to other local, state, national or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Spark or relating in any way to your use of the Service resides in the courts of the city of Denver in the State of Colorado.
18. Contact us
If you have any questions concerning the Spark Service or the Agreements, please contact Spark at email@example.com
Active Minds Media Partners, LLC
d/b/a Spark Memories Radio
2569 Park Ln. Suite 104,
Lafayette, CO 80026
Last amended: March 14, 2016