SOUND SPARK STUDIOS®
Terms and Conditions of Use
Updated: February 4, 2019
PLEASE TAKE NOTICE:
By using SOUNDSPARKSTUDIOS.COM (this Website) or the associated services, you hereby record and acknowledge that you accept the following terms and conditions of use as set forth by Sound Spark Studios. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE AND DESIST FROM USING THIS WEBSITE!
I. The Provider. "Sound Spark Studios" is a sole proprietorship owned and operated by Jeremy C. Southgate, a resident of Massachusetts and citizen of the United States. In some other cases, Sound Spark Studios is a Trust, where Jeremy C. Southate d/b/a and a/k/a Sound Spark Studios is a trustee, managing assets for beneficiaries (e.g. Artists) according to terms established by individually-based contracts. Sound Spark Studios is the sole Provider for this site and the associated services.
II. Jurisdiction and Venue. This Website and the associated services originated and are administered from Sound Spark Studios in the State of Massachusetts, United States of America. In the event of a dispute arrising in connection with either use of this site or Sound Spark Studios' services, you agree that Massachusetts is the proper venue for any mediation, arbitration, or adjudication. You submit yourself to personal jurisdiction in Massachuetts and waive any objections to the foregoing.
III. No Warranty. Sound Spark Studios provides this Website and the associated services "as is" and "at will." No warranty, unless required by law, is expressed or implied as to the functionality, reliability, or fitness to fulfill expectations concerning the provider, this site, and the associated services.
A. IP Address and Analytics. Sound Spark Studios would like to inform you that it obtains your IP address from your use of this website (as all websites do). And from this, Sound Spark Studios may obtain your approximate location as well as page visitation history. For example, your current information is the following (not public -- this is visible only to your web browser ['the client'] and Sound Spark Studios ['the server']):
|Internet Protocol Address:||18.104.22.168|
|Internet Service Provider:||Amazon.com|
Having been informed, you hereby expressly consent to this "analytics" i.e. Sound Spark Studios' maintaining a historical record of our correspondence with you via this site. If you desire more privacy, it is your prerogative and responsibility to find and use appropriate web-anonymizers, such as a Virtual Private Network a/k/a "VPN" service. (Proton VPN is highly recommended.) However, remember that privacy is always limited on the Internet!
C. No Data-Sharing with Thrid-Parties. Sound Spark Studios does not provide your data to third parties without your knowledge and consent, but it is used internally by Sound Spark Studios to understand and develop the services and to provide you, the user, with an optimal experience.
D. Limitation of Liability. You acknowledge the risk that Sound Spark Studios' website security may be breached by third-parties, despite Sound Spark Studios' efforts to prevent and guard against such breaches. Should any unintended breach of this Website's security occur, you agree to hold Sound Spark Studios blameless and free of liability, and to indemnify Sound Spark Studios, to the fullest extent permitted by law. You use this site and submit your data at your own risk.
V. Principal "Associated Services"
SOUND SPARK STUDIOS℠ Music Records, Multimedia Publishing, Product Research and Development.
SOUND STREAM℠ Music and Media Streaming.
SOUND GEAR℠ Media Technlogy Hub.
PORTUS℠ Bookmark, Search, and Widgets.
SPARK ART℠ Art Gallery and Social Media Publishing.
SPARK SQUARE MARKETPLACE℠ Online Marketplace.
SPARK ID℠ Internet Authentication.
SPARK NEWS℠ News Publishing.
SOUND SPARK STUDIOS AWARDS℠ Promotion and Recommendation.
VI. Intellectual Property
A. Statement on Intllectual Property.
Sound Spark Studios respects the intellectual property of others. Trademarks are the property of their respective owners. Questions or concerns respecting intellectual property may be e-mailed to email@example.com.
B. Notice of Sound Spark Studios' Intellectual Property.
1. All rights are reserved. Sound Spark Studios reserves all its intellectual property rights. By visisting this Website or the associated services subject to these terms, you hereby record and acknowledge that you have received actual notice of Sound Spark Studios' intellectual property claims.
2. Claims. The following and related names, sounds, images, and graphics are claimed as the exclusive intellectual property of Sound Spark Studios. This list is not exhaustive, nor does it reflect the rights which Sound Spark Studios may have under common law, all of which are reserved. The removal of an item from this list is not an indication of abandonment.
i. Trade/Service Mark. Since November 22, 2011, Sound Spark Studios is distinguished by a particular SPARK™ brand: a gold eight-point star with red and blue.
ii. Trade/Service Color Dress. Sound Spark Studios is distinguished by the combination of colors "gold," "red," and "blue" and "gray" shading over a "white" background.
iii. U. S. Trademark Registrations.
|"SOUND SPARK STUDIOS"||No. 4,606,004|
|"SOUND SPARK STUDIOS"||No. 4,711,931|
|"SOUND SPARK STUDIOS"||No. 5,047,726|
|"SOUND STREAM"||No. 5,367,136|
|"SOUND STREAM"||No. 5,403,754|
|"SOUND SPARK STUDIOS"||No. 5,453,647|
|"JEREMY C. SOUTHGATE"||No. 5,524,925|
iv. U. S. Copyright Registrations.
|"Black & White, et al."||No. SRu001071414|
|"It's the Holidays."||SR0000734928|
|"SOUND SPARK STUDIOS."||No. VA0001938870|
|"SOUND SPARK STUDIOS SKY."||No. VA0001938870|
|"SOUND SPARK STUDIOS SOUND STREAM."||No. VA0001938870|
|"SPARK AWARDS."||No. VA0002105525|
v. U. S. Patent Registrations.
|"Communications terminal display with graphical user interface"||No. D767,614S|
vi. Common Law Marks.
The following are protected, inter alia, by the common law of copyright, trademark, and unfair competition, and registration may be pending:
SPARKIT℠ or SPARK IT℠
SOUND SPARK℠ or SOUNDSPARK℠
THE MUSIC Fund℠
"It's all about Great Music." ℠
"Making Stars Brighter" ℠
"The Spark is the inspiration, the Sound is the medium, and the Studio is where it happens." ℠
FBI Anti-Piracy Warning: The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.
Disclaimer: The purpose of the above Anti-Piracy Warning Seal is to remind media users of the serious consequences of pirating copyrighted works. The FBI has not approved, authorized, or endorsed any work, product, production, or private entity, in connection with Sound Spark Studios. Read more here.