Your access to and use of Spark Unlimited, Inc. ("Spark") web site (the "Site") is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and The Site are superseded and of no force or effect:
1. The Site and all materials contained in the Site are maintained for your personal entertainment and information. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification or use of the materials for any other purpose is a violation of the copyright and other proprietary rights of Spark and the artists who created the materials. You may not distribute, modify, transmit or use the content of the Site, including any and all graphics and/or sound files, for public or commercial purposes without the express written permission of Spark.
2. All text, data, graphics files, sound files and other materials contained in the Site are copyrighted unless otherwise noted and are the property of Spark and/or a supplier to Spark. No such materials may be used except as provided in these Terms and Conditions.
3. All trade names, trademarks, and images and biographical information of people contained in the Site are either the property of, or used with permission by, Spark. The use of these materials by you is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of these materials may violate the copyright, trademark, and other proprietary rights of Spark and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the owner thereof.
4. While Spark uses reasonable efforts to include accurate and up to date information in the Site, Spark makes no warranties or representations as to its accuracy. Spark assumes no liability or responsibility for any errors or omissions in the content of the Site.
5. NEITHER SPARK NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS ON THE SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. SPARK DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST ALL NECESSARY REPAIRS OR CORRECTIONS. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
6. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
7. These Terms and Conditions may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
8. Information Collection: Any information collected by Spark will be used only by Spark to improve our products, services and our website. However, Spark may release such information to responsible third parties. Spark may also direct website vistors to websites operated by third parties, though Spark does not guarantee the security of any personal information disclosed on those sites. Spark may occasionally ask you to provide us with information such as you name, email address, or your interests. Of course, you never have to answer any of these questions and most areas within Spark's web site are accessible without providing such information; however, certain activities promoted by Spark (such as our mailing list, contests, promotions, downloads, and purchases) do require some personal information to be provided by you, and in the event you do not provide such information these activities and benefits will be inaccessible.
9. There may be a mailing list option on the site. If you subscribe to this we will email you Spark news items, website updates and other information we think is interesting. You can remove yourself from the mailing list at any time by sending an email to firstname.lastname@example.org.
10. Children 12 and Under: Spark recognizes the special obligation to protect personal identifiable information obtained from children 12 and under. AS A RESULT, IF YOU ARE 12 YEARS OLD OR YOUNGER YOU MAY NOT SUMIT ANY PERSONAL INFORMATION TO SPARK.
11. Links to External Sites: The Spark website provides links to other websites that are not managed by Spark Unlimited. We do not take responsibility for any information you share with these linked sites.
12. CONTACT INFORMATION FOR QUESTIONS, COMMENTS AND COMPLAINTS: Please address any questions, comments or complaints about www.SparkUnlimited.com or this privacy statement to:
Copyrights and Trademarks and Other Intellectual Property
The materials displayed on this web site including but not limited to, all trademarks, service marks, text, audio, video, images, photographs, multimedia content, illustrations, artwork, animation files and other material, graphics, names, logos, icons, lay outs, arrangements, displays, HTML, other mark-up languages, and all scripts and software within the site, are property of third parties or Spark Unlimited, Inc., or their parent or affiliated companies or their licensors and are protected by copyright, trademark and other intellectual property laws. This site is only for your personal use. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site, including but not limited to any text, images, audio, video or code software, for any business, commercial or public purpose. You agree not to interrupt or attempt to interrupt the operation of this site in any way. You must obtain the prior written consent of Spark Unlimited, Inc. for any other use of the foregoing. Modification of any of the foregoing or use of the foregoing for any other purpose is a violation of copyright and other proprietary rights and such use is strictly prohibited.
SPARK UNLIMITED®, INC.
CALL OF DUTYTM: FINEST HOURTM
TURNING POINTTM: FALL OF LIBERTYTM
GAMECOCK MEDIA GROUP, INC.
ATARI INTERACTIVE, INC.
SONY COMPUTER ENTERTAINMENT AMERICA, INC.
EPIC GAMES, INC.
All other trademarks and trade names are the property of their respective owners.