Terms of Use
Effective September 1, 2024
Acceptance of Terms
Welcome to Verve & Spark and verveandspark.com (herein referred to as "Website"). By accessing or using our Website, you agree to comply with and be bound by these Terms of Use. If you do not agree to these terms, please do not use our Website.
Changes to Terms
We reserve the right to modify or replace these Terms of Use at our sole discretion. Any changes will be effective immediately upon posting on this Website. Your continued use of the site following the posting of changes constitutes acceptance of those changes.
User Obligations
You agree to use our Website in accordance with applicable laws and regulations and to:
Provide accurate information.
Not engage in illegal or unauthorized activities.
Not interfere with or disrupt the Website's functionality.
Respect the rights of other users.
User Age Restriction
Our Website is exclusively intended for users who have reached high school or beyond. If you not yet at this point in life, you are strictly prohibited from using our Website without parental supervision or permission.
Privacy Policy
Your use of our Website is also governed by our Privacy Policy which can be found here. By using our Website, you consent to the practices described in the Privacy Policy.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of the state of Texas. Any disputes arising from or relating to these terms or your use of the Website will be subject to the exclusive jurisdiction of the courts in the state of Texas.
Forum for Disputes
In the event of any disputes or claims arising from these Terms of Use or your use of our Website, both parties agree to seek resolution through arbitration as an initial step. Arbitration is an alternative method for resolving disputes, involving the appointment of a neutral third party (the arbitrator) who will thoroughly review the matter and issue a legally binding decision. The arbitration process will adhere to established rules and procedures, ensuring a fair and impartial resolution. Litigation in a court of law will only be pursued if arbitration fails to provide a satisfactory resolution.
User Conduct
You agree to use our Website only for lawful purposes and in a way that does not infringe upon the rights of others or inhibit the use and enjoyment of this site by others. Prohibited behavior includes, but is not limited to:
Harassment or abuse of others.
Posting or transmitting harmful content.
Violation of intellectual property rights.
Unauthorized access to restricted areas of the site.
Notification of Changes
We will notify you of any changes to these Terms of Use through email or by prominently posting a notice on our Website.
Severability
If any part of these Terms of Use is found to be unenforceable, the rest of the Terms remain in effect.
Waiver
Any failure on our part to enforce any provision of these Terms of Use does not constitute a waiver of our rights to enforce such provision in the future.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Verve & Spark, superseding any prior agreements or understandings.
Language of Agreement
This agreement is written in English, and English shall be the language used for any dispute resolution.
Contact Information
If you have any questions or concerns about these Terms of Use, please contact us via our contact us page.
Cookies and Tracking
Our Website may utilize cookies or other tracking technologies to enhance user experience and provide tailored content. Cookies are small pieces of data stored on a user's device, enabling our Website to recognize and remember specific information about the user.
The primary purposes of using cookies on our Website include, but are not limited to:
Functionality: Cookies help enhance the functionality of our Website by remembering user preferences and settings.
Analytics: We may use cookies to gather information about user activity on our site, allowing us to analyze and improve our services.
Marketing and Advertising: Cookies may be employed for marketing and advertising purposes, providing personalized content and promotions based on user interests and behavior.
By using our Website, you consent to the use of cookies in accordance with this policy. You have the option to manage cookie preferences through your browser settings. Please note that disabling certain types of cookies may impact your experience on our Website.
Digital Millennium Copyright Act (DMCA) Compliance
Our Website values intellectual property rights and is committed to complying with the Digital Millennium Copyright Act (DMCA). If you believe that your copyrighted work has been used or displayed on our site in a way that constitutes copyright infringement, please follow the procedures outlined below.
Filing Notice
To file a notice of copyright infringement, please provide a written communication that includes the following information:
A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
Identification of the copyrighted work claimed to have been infringed.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Your contact information, including your address, telephone number, and an email address.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send the notification to our designated Copyright Agent at [email protected].
Counter-Notification
If you believe that your content was mistakenly removed or disabled and that it is not infringing upon the copyrights of others, you may submit a counter-notification. Your counter-notification must include:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent to jurisdiction in the U.S. District Court for the Southern District of New York, and that you will accept service of process from the person who provided notification of infringement or an agent of such person.
Repeat Infringers
Our Website reserves the right to terminate, in appropriate circumstances, the accounts of users who are repeat infringers. We take copyright infringement seriously and will respond to valid notices and counter-notices under the DMCA. Please note that providing false information in your notification or counter-notification may result in legal consequences.
Feedback
Please use our contact form via our contact us page to report any issues you encounter or to provide suggestions for improvement.
Accessibility
Our commitment to web accessibility is outlined in our Accessibility Statement, which can be found here. Our Accessibility Statement provides information about our commitment to making our Website accessible to all individuals, including those with disabilities. It outlines the steps we take to ensure accessibility and provides contact information for accessibility-related inquiries. We actively engage with disability advocacy organizations and communities to better understand and address accessibility needs.
Diversity & Inclusivity
Our commitment to diversity and inclusivity is outlined in our Diversity & Inclusivity Statement, which can be found here. This statement provides information about our commitment to our community being welcoming to all individuals, regardless of background. It outlines the steps we take to ensure these practices and provides contact information for related inquiries. We actively engage with diversity/inclusivity advocacy organizations and communities to better understand and address these needs.
Contact Us
If you have questions, concerns, or requests related to this Terms of Use, please contact us via our contact us page on this Website.
