TERMS OF SERVICE

Last Updated: May 2023

The following terms and conditions of service (the "Terms of Service" or "Agreement") constitute an agreement between you ("User", "you" or "your") and Spark LLC and its affiliates, successors and assigns (collectively, “spark”, "Spark", "us", "our" or “we") regarding your use of Spark Application (the “App”) and the services provided by Spark through the App (the “Services”), and your membership with Spark (“Membership”). Spark is the owner and operator of the App and all content and features contained in the App.

BY REGISTERING FOR MEMBERSHIP, ACCESSING THE APP, OR USING ANY OF THE SERVICES OFFERED THROUGH THE APP, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE INCLUDING OUR PRIVACY POLICY [LINK], WHICH IS INCORPORATED HEREIN AND MADE A PART HEREOF BY REFERENCE.

THE SECTIONS BELOW TITLED "BINDING ARBITRATION" AND "CLASS ACTION WAIVER" CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

Modifications

Spark, in its sole and absolute discretion, may make changes or modifications to the App, the Services or to this Agreement (including any policies or agreements which are incorporated by reference herein) at any time and without prior notice to you, and such changes or modifications shall be effective immediately upon posting to the App. You acknowledge and agree that (i) Spark may notify you of such changes or modifications by posting them to the App and (ii) your use of the App or the Services after such changes or modifications have been made (as indicated by the "Last Revised" date at the top of this page) shall constitute your acceptance of this Agreement as last revised. In addition, Spark may occasionally notify you of upcoming changes or modifications to this Agreement by email. We therefore recommend that you keep your account information including, but not limited to, your email address, current.

Eligibility

The App and the Services are available only to Users who can form legally binding contracts under applicable law. By using the App or the Services, you represent and warrant that you are at least eighteen (18) years of age.

Your Use of the App and the Services

Spark's community, like any community, functions best when its Users follow a few simple rules. By accessing and/or using the App or any Services, you agree to comply with these community guidelines (the "Community Guidelines") and that:

• Your use of the App and the Services including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations;
• You will not impersonate another User or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, nor will you collect or harvest (or permit anyone else to collect or harvest) any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent;
• You will not use the App or the Services in a manner (as determined by Spark in its sole and absolute discretion) that is illegal, infringing, defamatory, harassing, or abusive, that violates the privacy or publicity rights of another User or any other third party, or that is otherwise objectionable;
• You will not use the App or the Services for hate speech, hate crimes or violence;
• You will not use the App or the Services to send spam or other unsolicited bulk email, for computer or network hacking or cracking, or to transmit any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality or security of the App or the Services;
• You will not copy or distribute in any medium any part of the App or the Services, except where expressly authorized by Spark;
• You will not access Spark Content (as defined below) through any technology or means other than through the App itself, or other electronic means as Spark may designate;
• You will not use the App or the Services, including any of Spark's related technologies, for any commercial use without Spark's express prior written consent; and