ACCEPTANCE OF TERMS OF USE
These terms and conditions of use (“Terms of Use”) apply to all access to, and use of, all website, pages, and features and services provided by Sparksoft Corporation and Sparksoftcorp.com domain and sub domain (collectively referred to as Sparksoftcorp.com) and any other application, platform, tools, API, data repository or other services made available by Sparksoft Corporation, either directly or by a third-party platform or reseller, that includes an authorized link or reference to the Terms of Use (collectively referred to as the “Services”).
These terms and conditions of use (“Terms of Use”) apply to all access to, and use of, all website, pages, and features and services provided by Sparksoft Corporation and Sparksoftcorp.com domain and sub domain (collectively referred to as Sparksoftcorp.com) and any other application, platform, tools, API, data repository or other services made available by Sparksoft Corporation, either directly or by a third-party platform or reseller, that includes an authorized link or reference to the Terms of Use (collectively referred to as the “Services”). These Terms of Use form a contract between Sparksoft Corporation (“Sparksoft,” “we,” or “us”) and you. If the use of any of these Services is on behalf of any entity, “you” refers to both you and any entity on whose behalf you use the Services, and you represent and warrant that you are authorized to accept these Terms of Use on your and such entity’s behalf, and that such entity agrees to indemnify you and Sparksoft for violations of these Terms.
Please read these terms of use carefully. by accessing or using any of our services, you agree to be bound by the terms and conditions described herein and all terms incorporated by reference. do not use if you do not agree to all terms herein.
Sparksoft reserves the right to change or modify any of the terms and conditions contained in the terms of use or any policy at any time and in its sole discretion. any changes or modifications will be effective immediately upon posting on sparksoftcorp.com. your continued use of, or attempt thereof, of any services through any means after the ef
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SITE GOVERNANCE AND SEVERABILITY
Please review other policies posted on the Snowflake Marketplace. However, if any provision of Terms of Use of the Snowflake Marketplace shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use herein and shall not affect the validity and enforceability of any remaining provisions.
USER CONTENT
You are solely responsible for your User Content. You agree not to create or post User Content that: (1) is unlawful, defamatory, obscene, indecent, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent, or objectionable; (2) infringes any patent or violates and copyrights/licenses; (3) misrepresents affiliations and entities; or (4) contains third party private information.
DISCLAIMER OF WARRANTIES
Sparksoft makes no representations or warranties with respect to the provision of third-party data or other third-party services.
Sparksoft shall not be liable for any actions or decisions that you may take based on the services, including in connection with the use of any information or data contained therein. Except as otherwise provided herein, you understand that you assume the entire risk with respect to the use of the services.
You further agree to comply with any applicable federal terms, regulations, restrictions, and/or policies that govern your use of the data. Without limitation, you specifically agree to be bound by any terms and conditions imposed by third-party sources that apply to any information, data, features or other content from third-party sources that is accessible through the Services (“Third- Party Services”). Sparksoft is not liable to you or any third party for any losses or damages resulting from your use of any such Third-Party Services.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, SPARKSOFT, ITS AFFILIATES AND PARTNERS SHALL NOT BE LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIRD-PARTY DATA OR ANY OTHER SERVICES.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event will Sparksoft be responsible for indirect, consequential, punitive, exemplary, special, or any other damages of any kind, including but not limited to loss of data or content, lost profits, loss of goodwill, or any direct damages in amounts that in the aggregate exceed the amount actually paid by you for the applicable services. The foregoing limitations will apply whether such damages arise out of breach of contract, tort (including negligence), or otherwise and regardless of whether such damages were foreseeable or whether Sparksoft was advised of the possibility of such damages.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Sparksoft and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Services or your breach of this Agreement or to content you submit or make available through the Services.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
SEVERABILITY
If any provision of this Agreement is determined to be illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
SECURITY
Sparksoft is very concerned about safeguarding the confidentiality of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access and use. Please be aware that no security measures that we take to protect your information is absolutely guaranteed to avoid unauthorized access or use of your Personal Information or is impenetrable.
GOVERNING LAW
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
ECONOMIC SANCTIONS COMPLIANCE
You agree that neither you nor any business or entity on whose behalf you are acting (1) are in a location embargoed under U.S. Economic Sanctions, such as Iran, North Korea, Cuba, Crimea, or Syria, (2) are listed on any restricted parties list issued by any U.S. or other applicable governmental entity or international organization (“Restricted Parties Lists”), or (3) will utilize this product to service, directly or indirectly, a sanctioned location or any entity appearing on any Restricted Parties Lists.