Please Read Carefully Before Using This Website: The following terms of service (“Terms of Service”) govern your use of the Sparkki Website (the “Site”) and the Sparkki web-based, application integration and data linking service accessed through the Site (“Service”), both of which are operated by Salty Slopes LLC doing business as Sparkki. (“Sparkki”). By using the Site and/or the Service, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service. If you are entering into these Terms of Service on behalf of an entity, you represent that you have the actual authority to bind such entity to these Terms of Service. Sparkki expressly reserves the right to modify the Terms of Service at any time in its sole discretion, and without prior notice to you, by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. Any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
1. Service offer: Sparkki is a piece of software in the field of learning management systems on the Internet. For this purpose, Sparkki has developed a Service, which can be accessed by you on the Internet to initiate building your online virtual school. The important functionality of the Service is to create your online courses by mixing site’s services and third party APIs. The Sparkki site, the software, and the documentation will be referred to collectively as the Sparkki platform.
2. User Accounts, Passwords and Fees: (a) Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by registering with Sparkki. When you register for your User Account you must provide true, accurate, current and complete information (“User Profile”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, Sparkki hereby grants to you the personal, non-transferable right and license to use the Service, solely for your own internal business purposes, until such time as either you or Sparkki elect to terminate such right in accordance with these Terms and Conditions. (b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside. (c) Passwords: Upon registration on the Site, you will provide Sparkki with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify Sparkki of any suspected or actual unauthorized use of your User Account. You agree that Sparkki will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
5. Location of the site and your use: Sparkki operates or controls the operation of this Site and the Service from offices in the United States of America. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by Sparkki may be located, at various locations in and outside of the United States of America. Sparkki makes no representation or warranty that all of the features of this Site or Service will be available to you outside of the United States of America, or that they are permitted to be accessed outside of the United States of America. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws. These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by you to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. These Terms of Service supersede all prior or contemporaneous discussions, proposals and agreements between you and Sparkki relating to the subject matter hereof. No amendment, modification or waiver of any provision of these Terms of Service will be effective unless in writing and signed by an officer of Sparkki. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by Sparkki may be implied from any actions or failures to enforce rights under these Terms of Service. These Terms of Service are intended to be and are solely for the benefit of Sparkki and you and do not create any right in favor of any third party. These Terms of Service will be governed by and construed in accordance with the laws of the State of Delaware, without reference to its conflict of laws principles. All disputes arising out of or relating to these Terms of Service will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in Salt Lake City, Utah in the United States of America, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue.
6. Payments and Gateways Sparkki Inc uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at Gateway Agreement, and the applicable bank agreement available at Bank Agreement.
32 W 200 S – #117
Salt Lake City, UTAH 84101
Last updated on June 25th, 2018.