SparkRebel

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Terms of Service

PlumWillow, Inc. DBA SparkRebel (“SparkRebel”, or , “us”, “our”, “we”) provides a tool for you to organize and share articles of clothing that you love (“Items”) through the SparkRebel website located at www.sparkrebel.com (the “Site”). These Terms of Service (“Terms”) govern your access and use of the Site. “You” or “Your” means an adult user of the Site, or as the parent or guardian of any minor whom you allow access the Site, and for whom you will be held strictly responsible.

Please read these Terms carefully. These Terms govern your access to and use of the Site. You must accept these Terms prior to using the Site. By using or visiting the Site (including all Content available through the Site), you signify your assent to both these Terms and our Privacy Policy, which is available at www.sparkrebel.com/privacy. Changes may be made to these Terms from time to time. Your continued use of the Site will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Site.

Use of Site

SparkRebel allows you to access and use the Site subject to the terms and conditions of these Terms for your personal use only. This does not allow you to make any commercial use or any derivative use of the Site, including any of its individual elements or Content (as defined below). You acknowledge that SparkRebel may, in its sole discretion and at any time, discontinue providing any part of the Site without notice.

Use of and access to the Site is void where prohibited. By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or else, have your parent's or guardian's permission to enter into this agreement, or otherwise have the ability to form a binding contract; and (d) your use of the Site does not violate any applicable law or regulation or any obligation you may have to a third party.

You are welcome to link to the Site from your website, provided that your website does not imply any endorsement by or association with SparkRebel.

Account Registration

When you complete the registration process, you create a SparkRebel account. Your account allows you to access certain services provided by the Site, subject to the Terms and our Privacy Policy. SparkRebel reserves the right to refuse to allow a user to open an account for any reason, or to limit the number of accounts a user can establish on the Site, all at SparkRebel’s sole discretion.

To create an account, you must select a username and password. You may not select a username that is used by someone else, and your username cannot be indecent, or otherwise offensive, or be used in any way that violates the Terms and common practices. You may not provide false information during the registration process. In addition, if you connect to SparkRebel by way of a third-party (such as Facebook), you agree that SparkRebel may access and use your information from such third-party, as may be permitted, and further agree that SparkRebel may store your log-in credentials for such third-party service.

You should not reveal your password to other users. SparkRebel will not ask you to reveal your password. If you forget your password, you can request to have a new password sent to your registered e-mail address. Your account is at risk if you let someone use it inappropriately and your account is subject to termination if you or anyone using your account violates SparkRebel Terms. If your account is terminated, you may not join SparkRebel again without express permission.

You agree to immediately notify SparkRebel of any unauthorized use of your account or password. You are fully and solely responsible for the security of your computer system and all activity on your account, even if such activities were not committed by you. SparkRebel will not be liable for any losses or damage arising from unauthorized use of your account or password, and you agree to indemnify and hold SparkRebel harmless for any improper or illegal use of your account, including any mail sent and any charges and taxes incurred, unless you have notified us via e-mail to support@sparkrebel.com that your account has been compromised, and have requested us to block access to it. This includes illegal or improper use by someone to whom you have given permission to use your account. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Site.

Termination of Account

You agree that SparkRebel may for any reason, in its sole discretion and without notice, terminate your account, and remove from the Site any Content associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, or (iv) behavior that is harmful to other users, third parties, or the business interests of SparkRebel.

If SparkRebel believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Site. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity, Content and behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on the Site. You may request termination of your SparkRebel account at any time and for any reason by sending an email to support@sparkrebel.com. Any suspension, termination, or cancellation shall not affect your obligations to SparkRebel and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.

Content

Certain types of content may be made available through the Site. “Content” as used in these Terms means, collectively, all content on or made available on the Site, including but not limited to pictures of Items and text posted anywhere on the Site, whether by us or by any other member of user of the Site.

SparkRebel may allow you to post Content to the Site, including pictures of Items. You are fully and solely responsible for any Content you submit or post to the Site, and represent and warrant that such Content (a) complies with all applicable law, does not infringe third party moral or privacy rights and does not infringe third party intellectual property rights, (b) does not contain any defamatory, libelous, vulgar, obscene or otherwise offensive content, and (c) complies with applicable law. SparkRebel has no obligation to accept, display, review or maintain any Content. Moreover, SparkRebel reserves the rights to remove and permanently delete any Content, including any statements of any user, without notice and for any reason. Any posted or submitted Content shall not be considered confidential and may be disseminated by SparkRebel without any compensation to you. Items and Content you use or available through your account may be available to the public, and you should have no expectation of privacy in the same. This provision shall not apply to personal information that is subject to SparkRebel’s Privacy Policy except to the extent that you make such personal information publicly available on or through the Site or in any Content. SPARKREBEL DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED THEREIN, AND SPARKREBEL EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT.

SparkRebel may choose at its sole discretion to monitor Content for inappropriate or illegal behavior, including through automatic means; provided, however, that SparkRebel reserves the right to treat user Content as content stored at the direction of users for which SparkRebel will not exercise editorial control except when violations are directly brought to SparkRebel’s attention. SparkRebel has the right to edit, delete, distort or move user Content from the Site without notice for any reason at any time. Additionally, SparkRebel has the right to refuse to transmit, post or broadcast any user Content without notice for any reason at any time.

Content on the Site may contain descriptions of Items or other products, including for commercial sale. SparkRebel attempts to be as accurate as possible. HOWEVER, SPARKREBEL DOES NOT WARRANT THAT ANY ITEM OR PRODUCT DESCRIPTION IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. We reserve the right to correct any errors, inaccuracies or omissions and to change or update Item or Content information at any time without prior notice (including after you have submitted an order).

Content on the Site comes from a variety of sources. You understand that SparkRebel is not responsible for the accuracy, usefulness, safety, appropriateness or intellectual property rights of or relating to this Content. Although users must agree to these Terms, it is possible that other users (including unauthorized users) may post or transmit offensive or obscene materials that you may be involuntarily exposed to such offensive or obscene materials, and you hereby agree to wave, and do waive, any legal or equitable rights or remedies you have or may have against SparkRebel with respect to thereto. It also is possible for others to obtain personal information about you due to your use of the Service, including any Content that you may choose to make available. Anyone receiving or viewing Content may use your information for purposes other than what you intended. We are not responsible for the use of any personal information that you disclose on the Service or through any Content. Please carefully select the type of information that you post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.

Intellectual Property

SparkRebel and its licensors own the Site, including all worldwide intellectual property rights in the Site, Content (except for Content posted by users, and which is not otherwise licensed to SparkRebel), and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, further modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Site or Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Site or Content. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of SparkRebel or any third party.

By submitting or posting any Items or Content, you grant SparkRebel and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such Content on, through or in connection with the Site (including to post such Content to any social media Internet sites or applications) in any media formats and through any media channels, including without limitation, for commercially promoting the Site, as well as any Items or other commercially available items on the Site.

Content Linked to by SparkRebel

Portions of the Site (including, without limitation, advertisements) may involve linking to or using web sites belonging to third parties. The Site may also provide you with links to access the Sites of third party vendors or retailers including, without limitation, for the purpose of reviewing or purchasing Items. We have no control over third-party sites, and all use of third-party sites is at your own risk. Additionally, SparkRebel cannot accept responsibility for any payments processed or submitted through such third party sites, or for the privacy policies of any such sites. SparkRebel is not responsible for content or available by means of such sites. SparkRebel does not endorse any products or offered by third parties and we urge our users to exercise caution in using third-party sites.

Content Restrictions

Without limiting the foregoing, you agree that you will not transmit or post any Content that: (a) restricts or inhibits use of the Site; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) SparkRebel’s or any other third party’s intellectual property or other rights; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause SparkRebel to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage SparkRebel or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.

Use Restrictions

The software and technology underlying the Site is the property of SparkRebel, and you may not do or attempt to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Site, including in order to allow you to copy or download any Content; (b) frame or mirror any part of the Site; (c) circumvent, disable, or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content; (d) use the Site or Content in connection with any commercial endeavors in any manner; (e) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Site; (f) harvest, collect or mine information about other users of the Site; or (g) use or access another user’s account or password without permission.

Copyright Infringement

SparkRebel respects the intellectual property rights of others and expects its users to do the same. SparkRebel will remove all infringing Content if properly notified that it infringes third party intellectual property rights, and may do so at its sole discretion, without prior notice to users at any time.

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is our policy to respond expeditiously to copyright owners who believe material appearing on the Site infringes their rights. Users may need to obtain authorization of the owner of these materials for use of any other purpose other than viewing on the web. To obtain authorization, please contact the image owner as indicated on the source site, and not SparkRebel. Except as expressly set forth herein, SparkRebel is unable to give authorization to use copyrighted images. SparkRebel accepts no responsibility or liability for the content of any site included in any Content, or otherwise linked to by the, or for the user’s use of such Content. We reserve the right to remove any Content without prior notice to you, any other user, or any third party.

If you believe that something appearing on the Site infringes your copyright, you may send us a notice requesting that it be removed, or access to it blocked. If you believe that such a notice has been wrongly filed against you, the DMCA lets you send us a counter-notice. Notices and counter-notices must meet the DMCA’s requirements. We suggest that you consult your legal advisor before filing a notice or counter-notice. Be aware that there can be substantial penalties for false claims. Send notices and counter-notices to our copyright agent: Liat Zarfati (copyrights@sparkrebel.com). If you need to contact us for any other reason, please contact us at info@sparkrebel.com.

Disclaimers & Disclaimer of Warranty

Your use of the Site and Content is at your sole discretion and risk. The Site and Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind from SparkRebel. SPARKREBEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE AND CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. SPARKREBEL DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE AND CONTENT; OR (II) THAT THE SITE WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY THE SITE. SparkRebel is not responsible for any incorrect or inaccurate Content (including Items) posted on the Site, whether caused by users or by any of the equipment or programming associated with or utilized in the Site. SparkRebel takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. No advice or information, whether oral or written, obtained by you from SparkRebel, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

Limitation Of Liability

SparkRebel assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Content. SparkRebel is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Site, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall SparkRebel be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, from any Content posted on or through the Site, or from the conduct of any Users of the Site, whether online or offline.

IN NO EVENT SHALL SPARKREBEL OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH THE SITE, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT SPARKREBEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL SPARKREBEL'S CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO SPARKREBEL FOR USE OF THE SITE. IF YOU HAVE NOT MADE ANY PAYMENTS TO SPARKREBEL FOR THE USE OF THE SITE, THEN SPARKREBEL SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.

Indemnification

You agree to indemnify, defend, and hold harmless SparkRebel and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including reasonable attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site, including any transactions that you conduct or attempt; (c) your violation of any law or regulation; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You agree that your use of the Site (including, without limitation, provision of services in connection with the Site) shall be in compliance with all applicable laws, regulations and guidelines.

Miscellaneous

These Terms shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Your conduct may also be subject to other local, state, and national laws. Any action to be brought in connection with these Terms or the Site shall be brought exclusively in the state or federal courts in the State, City, and County of New York, United States of America, and you irrevocably consent to their jurisdiction. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action against SparkRebel must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and SparkRebel or enables you to act on behalf of SparkRebel. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between SparkRebel and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled.

We may at any time, without prior notice: (a) cancel any user account, or limit any user’s access to all or portions of the Site; (b) change or eliminate any component of the Site; (c) impose, remove, or change any fees or charges for use of the Site or any feature thereof (including, without limitation, by changing the manner in which fees or time for sessions is calculated); and (d) assign any and all of our rights under these Terms to any other entity. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. We may elect to keep archives of all or parts of the Site, but we cannot guarantee that anything available on the Site, or any records or information relating to the Site, will be archived, or that any archives will be preserved or made publicly available. We may delete any such information without notice, at our sole discretion.

Nothing contained in these terms shall be construed to limit the actions or remedies available to SparkRebel with respect to any prohibited activity or conduct. Non-enforcement of any term of these Terms does not constitute consent or waiver, and SparkRebel reserves the right to enforce such term at our sole discretion. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. These Terms are for the benefit of SparkRebel (and respective assignees), and each shall have the right to assert and enforce its provisions against you directly on its own behalf. These Terms supersede any prior agreements between you and SparkRebel with regard to your use of the Site. We may assign our rights under these terms to any third party.