Desi Spark

TERMS OF USE

1. Acceptance of Terms of Use Agreement.
a. Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your membership in the Service. This Agreement may be modified by Desi Spark from time to time, such modifications to be effective upon posting by Desi Spark on the Website. This Agreement includes Desi Spark's Acceptable Use Policy for Content Posted on the Website, Desi Spark's Privacy Policy and any notices regarding the Website. By accessing the Website or becoming a User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
b. Electronic Form. By accessing the Website or becoming a User, you consent to have this Agreement provided to you in electronic form.
c. Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. You may request a non-electronic copy of this Agreement either before or after you electronically sign the Agreement. To receive a non-electronic copy of this Agreement, please use the Contact Us form to request it.
d. Withdrawing Your Consent. You have the right at any time to withdraw your consent to have this Agreement provided to you in electronic form.
(i) Effect. Should you choose to withdraw your consent to have this Agreement provided to you in electronic form, we will discontinue your then-current username and password. This means that you will not have the right to use the Service unless, and until, we issue you a new username and password. We only will issue you a new username and password after we receive a signed copy of a non-electronic version of this Agreement, which we will send to you upon request.
(ii) Notice. To withdraw your consent and/or request a non-electronic copy of this Agreement, please use the Contact Us form.
(iii) Prospective Nature. Your withdrawal of consent shall be effective within a reasonable time after we receive your withdrawal notice described above. Your withdrawal of consent will not affect the legal validity or enforceability of the Agreement provided to, and electronically signed by, you prior to the effective date of your withdrawal.
e. Access and Retention. In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program. Via, the Website, we will notify you of any changes in the hardware or software requirements needed to access and/or retain this Agreement that create a material risk that you will not be able to continue to access and/or retain this electronic Agreement.
2. Eligibility. You must be at least eighteen (18) years of age to register as a user of Desi Spark or use the Website. Membership in the Service is void where prohibited. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. Membership Pricing. You may become a User of the Service at no cost. As a User, you will have the ability to use all the features and services available within the Service at no cost. From time to time, Desi Spark may remove the Profiles of users.
4. Term. This Agreement will remain in full force and effect while you use the Website and/or are a User. You may terminate your membership at any time, for any reason, by following the instructions on the Membership pages or send a notice of termination via the Contact Us form. Desi Spark may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Desi Spark. All decisions regarding the termination of accounts shall be made in the sole discretion of Desi Spark. Desi Spark is not required to provide you notice prior to terminating your membership. Desi Spark is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.
5. Non-commercial Use by Users. The Website is for the personal use of individual Users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Users and should not use the Service or the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website is with the permission of Desi Spark, which may be revoked at any time, for any reason, in Desi Spark's sole discretion.
6. Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the Registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify Desi Spark of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Desi Spark will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider opting out of the auto-sign-in ("Remember Me") feature to your Desi Spark account.
7. Your Interactions with Other Users. You are solely responsible for your interactions with other Users. You understand that Desi Spark does not in any way screen its Users, nor does Desi Spark inquire into the backgrounds of its Users or attempt to verify the statements of its Users. Desi Spark makes no representations or warranties as to the conduct of Users or their compatibility with any current or future Users. In no event shall Desi Spark be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this Service or persons you meet through this Service. You agree to take reasonable precautions in all interactions with other Users of the Service, particularly if you decide to meet offline or in person. In addition, you agree to review Desi Spark's Dating Safety prior to using the Service. You understand that Desi Spark makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information) to other Users.
8. Content on Desi Spark.
(a) Proprietary Rights.Desi Spark owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of Desi Spark, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
(b) Reliance on Content, Advice, Etc. Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Desi Spark, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Desi Spark does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Desi Spark or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Users.
9. Content Posted by You on Desi Spark.
a. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Users. You will not post on the Service, or transmit to other Users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to the Company or to any other User. If information provided to Desi Spark, or another User, subsequently becomes inaccurate, misleading or false, you will promptly notify Desi Spark of such change.
b. You understand and agree that Desi Spark may review and delete any content, messages, double-blind emails, photos or Profiles (collectively, "Content"), in each case in whole or in part, that in the sole judgment of Desi Spark violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users.
c. By posting Content to any public area of Desi Spark, you automatically grant, and you represent and warrant that you have the right to grant, to Desi Spark, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your content by Desi Spark will not infringe or violate the rights of any third party.
d. The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Desi Spark reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes, but is not limited to, Content that:
  • is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
  • contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under the age of 18;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
  • engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
e. Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
f. You may not include in your User Profile any telephone numbers, street addresses, last names, URLs or email addresses.
g. You may not engage in advertising to, or solicitation of, other Users. This includes but is not limited to solicitation or advertising to buy or sell any products or services through the Service or to attend parties or other social functions or networking for commercial purposes. You may not transmit any chain letters or junk email to other Users. Although Desi Spark cannot monitor the conduct of its Users off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Users from such advertising or solicitation, we reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which we deem appropriate in our sole discretion.
h. All information you include in your User Profile must be accurate, current and complete.
10. Prohibited Activities. Desi Spark reserves the right to investigate and terminate your membership if you have misused the Service, or behaved in a way which could be regarded as inappropriate or whose conduct is unlawful or illegal. The following is a partial list of the type of actions that you may not engage in with respect to the Service:
  • You will not impersonate any person or entity.
  • You will not "stalk" or otherwise harass any person.
  • You will not express or imply that any statements you make are endorsed by Desi Spark without our specific prior written consent.
  • You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
  • You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
  • You will not remove any copyright, trademark or other proprietary rights notices contained in the Service.
  • You will not interfere with or disrupt the Services or the site or the servers or networks connected to the Services or the site.
  • You will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
  • You will not "frame" or "mirror" any part of the Service or the Website, without Desi Spark's prior written authorization. You also shall not use meta tags or code or other devices containing any reference to Desi Spark or the Service or the site in order to direct any person to any other web site for any purpose.
  • You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or cause others to do so.
12. Modifications to Service. Desi Spark reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Desi Spark shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. Blocking of IP Addresses. In order to protect the integrity of the Service, Desi Spark reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.
14. Copyright Policy. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 authorized to act on the copyright owner's behalf. Notice of claims of copyright infringement can be made through the Contact Us form.
15. User Disputes. You are solely responsible for your interactions with other Desi Spark Users. Desi Spark reserves the right, but has no obligation, to monitor disputes between you and other Users.
16. Privacy. Use of the Website and/or the Service is also governed by our Privacy Statement.
17. Disclaimers. Desi Spark is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Users or by any of the equipment or programming associated with or utilized in the Service. Desi Spark is not responsible for the conduct, whether online or offline, of any user of the Website or User of the Service. Desi Spark assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or User communications. Desi Spark is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will Desi Spark or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Users, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and Desi Spark expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Desi Spark cannot guarantee and does not promise any specific results from use of the Website and/or the Service. In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. Desi Spark makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
18. Links. The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Desi Spark has no control over such sites and resources, you acknowledge and agree that Desi Spark is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Desi Spark shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Content, goods or services available on or through any such site or resource.
19. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will Desi Spark be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Desi Spark has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Desi Spark's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Desi Spark for the Service during the term of membership.
20. Jurisdiction and Choice of Law. If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the Province of Ontario, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the Province of Ontario for the resolution of any such dispute.
21. Indemnity by You. You agree to indemnify and hold Desi Spark, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
22. No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
23. Other. This Agreement contains the entire agreement between you and Desi Spark regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please Contact Us with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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