Welcome to Brand Spark.us. It all boils down to this: what’s on this site belongs to us and we are not responsible for you. The continued use of our Services constitutes your agreement to the Terms of Service (“Terms”) detailed below. Such Terms shall be effective September 2014. Such Terms may be modified on this page at any time at the sole discretion of Brand Spark, LLC (“Brand Spark”) without prior notice to the visitors and users (collectively, “Users”) of brandspark.us. Users should frequently visit this page and make themselves aware of any changes to these Terms which incorporate Brand Spark’s Privacy Policy and Writer Service Agreement.
If you disagree with the Terms, your sole remedy is to discontinue your use of this Site. Your continued use after a change has been posted constitutes your acceptance of those changes.
Brand Spark shall negotiate and contract with a Writer for the completion of an Assignment. Upon the extension of an offer of an Assignment, Writer shall have a certain time period to accept such offer from Brand Spark. Writer’s acceptance of such offer constitutes Writer’s acceptance of the terms of the Assignment, as well as the Terms of Service and Writer Service Agreement found on this site. Writers are at all times independent of Brand Spark and shall not at any time be considered an employee of Brand Spark. All Writers are independent contractors and consent to such designation by way of these Terms. Accordingly, Writers shall not be entitled to benefits offered to Brand Spark’ employees. Writers shall be solely responsible for all taxes, license fees, and business expenses incurred on behalf of the Writer. Buyer and Writer agree to indemnify Brand Spark for any taxes or penalties imposed on Brand Spark by virtue of the purchase and sale of services between them on this Site.
Upon receipt of content delivered by CW, Buyer shall have three (3) business days to review the content for edits and request revisions by CW. If Buyer fails to request same within said time period, the content will be deemed Accepted by the Buyer and fully purchased.
Upon Buyer’s (i) acceptance of a Submission; and (ii) complete payment for that Submission, Brand Spark hereby automatically and irrevocably assigns all right, title and interest worldwide in and to such Intellectual Property Rights concerning such Submission to the Buyer.
The Brand Spark Billing and Payment Service (“Payment Service”) enables Writers to make a Submission and enables Buyers to make payments for Writer Services.
Legal Nature of Payment Service
When you use the Payment Service to bill for or pay service fees, Brand Spark acts as your agent based upon your direction and your requirements to perform tasks on your behalf. Brand Spark holds your Account funds separate from its corporate operating accounts, and will not voluntarily make your funds available to its creditors in the event of bankruptcy or for any other purpose. As provided in United States Bankruptcy Code, Section 541(d), Brand Spark shall hold only legal title to, and not have any equitable interest in, the Account and any funds in it.
Brand Spark IS NOT A BANK, AND AMOUNTS TRANSFERRED THROUGH OR STORED IN THE PAYMENT SERVICE ARE NOT INSURED DEPOSITS. You will not receive interest or other earnings on the funds in your Account. Brand Spark may earn and retain interest on those funds, or may receive a reduction in fees or expenses charged for banking services or other compensation in respect of any balances in Accounts. By accepting Submissions as a Buyer and sending payments through the Payment Service or adding funds to your Account, you appoint Brand Spark as your agent to obtain the funds on your behalf and to transfer the funds to the recipient that you designate, subject to the terms and conditions of this agreement.
All trademarks, service marks, logos and trade names on this Site, whether registered or unregistered, including but not limited to brandspark.us, are proprietary to Brand Spark or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
This Site is controlled and operated by Brand Spark from its offices within the State of New York and State of New Jersey, United States of America. Brand Spark makes no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local New Jersey laws, if and to the extent local laws are applicable. Access to this Site from jurisdictions where the contents of this Site are illegal or penalized is prohibited.
Brand Spark respects the intellectual property of others. If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, pursuant to Title 17, United States Code, Section 512(c)(2), you are encouraged, as a first step, to contact the involved party in an attempt to resolve the issue directly. You may in addition or as a next step send a notification of claimed copyright infringement to Brand Spark’ designated agent along with the following information:
The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
A description of the copyright work that you claim has been infringed and a description of the infringing activity;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Site where it is posted or the name of the book in which it has been published;
Identification of the URL or other specific location on the Site where the material that You claim is infringing is located, including enough information to allow Brand Spark to locate the material;
Your name, address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in Your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
WE CAUTION YOU THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Brand Spark shall terminate any account of a User who has submitted or posted three pieces of Content for which Brand Spark has received a notice of infringement. If your account has been terminated due to infringement, you agree that you will not attempt to register a new account under any name, real or assumed, and further agree that if you violate this restriction, you indemnify and hold us harmless from any and all liability that we may incur therefore.
As you view this Site, you may notice links to third-party websites. These links are for convenience only. If you use these links, you will leave this Site. Certain of these linked websites may make use of Brand Spark’ proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Brand Spark. Brand Spark is not responsible for the availability or content of these other websites or for any viruses or other damaging elements encountered in linking to a third-party website. In addition, providing links to these websites should not be interpreted as endorsement or approval by Brand Spark of the organizations sponsoring such third-party websites or their products or services. These Terms do not apply to any other websites.
Questions regarding these Terms may be submitted via an email to info@brandspark.us
We work with a focused approach empowered by your business goal. Our digital services are harnessed with strategic moves to make your business a leader.
We work with a focused approach empowered by your business goal. Our digital services are harnessed with strategic moves to make your business a leader.
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