Introduction

 

These terms and conditions shall govern your use of our website.

 

By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you should not use our website.

 

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

 

Definitions

 

SPARCs for Good is a pro-social wellness web-app that is designed to help users (athletes) create and strengthen healthy relational skills and habits though the completion of SPARC3s (Small Positive Acts that Reset our Course, Commitments and Connections).

 

SPARCs are designed to improve athlete’s relationship to themselves (peaceful mind), others (supportive tribe), and life (meaningful activity). As athletes complete SPARC3s they share this information with other athletes through text, pictures, videos and URLs to increase social supports.  Athletes also receive points that can be connected to competitive games (tournaments') and financial incentives (fund raising for clubs or charities).

 

Copyright Notice

 

Subject to the express provisions of these terms and conditions:

 

we own and control all the copyright and other intellectual property rights in our website and the material on our website; and

 

all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

Limited warranties

 

SPARCs for Good is not intended to address mental health problems but rather to enhance basic social/emotional skills. If you have mental health concerns, contact a qualitied professional.

 

No claims are being implied or guaranteed that by completing SPARCs an athlete’s relationships will improve, but merely that this the intended design of the product.

 

SPARCs involve completing real world activities. Some SPARCs are open to interpretation. Do not do anything dangerous. We are not liable for how you interpret or complete SPARCs.

 

We do not warrant or represent:

 

the completeness or accuracy of the information published on our website;

 

that the material on the website is up to date; or that the website or any service on the website will remain available.

 

We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

License to use website

 

You may:

 

view pages from our website in a web browser;

 

download or print pages from our website with written consent;

 

stream audio and video files from our website;

 

subject to the other provisions of these terms and conditions.

 

Except as expressly permitted by Section 6.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

 

Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

 

Unless you own or control the relevant rights to the material stored on this website, you must not:

republish material from our website - including republication on another website;

 

sell, rent or sub-license material from our website;

 

exploit material from our website for a commercial purpose; or

 

redistribute material from our website.

 

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

You must not:

 

use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 

use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

You must not use data collected from our website to contact individuals, companies or other persons or entities.

 

You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, and non-misleading.

 

Registration and accounts

 

You may register for an account with our website by completing and submitting the account registration form on our website.

 

You must not allow any other person to use your account to access the website. You must notify us in writing immediately if you become aware of any unauthorized use of your account.

 

You must not use any other person's account to access the website, unless you have that person's express permission to do so.

 

User login details

 

If you register for an account with our website, you will use your email as a user and create a password. A confirmation email will be sent to you once you have created your account.

 

Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

 

You must keep your password confidential and notify us in us in writing immediately if you become aware of any disclosure of your password.

 

You are responsible for any activity on our website arising out of any failure to keep your password confidential and may be held liable for any losses arising out of such a failure.

 

Cancellation and suspension of account

We may:

 

suspend your account; and/or

 

(b) cancel your account,

at any time in our sole discretion without notice or explanation.

You may cancel your account on our website at any time.

Your content: license

In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, and files) that you submit to us or our website for storage on, publication on, or transmission via, our website.

You grant to us an irrevocable, non-exclusive, royalty-free license to store and publish your content on and in relation to this website and any successor website.

You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

Your content: rules

You warrant and represent that your content will comply with these terms and conditions.

Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

Your content, and the use of your content by us in accordance with these terms and conditions, must not:

be untrue, false, inaccurate or misleading; be libelous or maliciously false;

be obscene, indecent, pornographic, lewd, suggestive or sexually explicit;

infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

constitute negligent advice or contain any negligent statement;

constitute an incitement to commit a crime

be in breach of racial or religious hatred or discrimination legislation;

be blasphemous or depict violence;

(j)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(k)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(l)       cause annoyance, inconvenience or needless anxiety to any person.

Limitations and exclusions of liability

Nothing in these terms and conditions will:

limit or exclude any liability for death or personal injury resulting from negligence;

limit or exclude any liability for fraud or fraudulent misrepresentation;

limit any liabilities in any way that is not permitted under applicable law; or

exclude any liabilities that may not be excluded under applicable law.

Security

This website takes every precaution to protect our users' personal information. Whenever users submit personal information, registration, or online purchase, upon submission that information is encrypted via the highest level of SSL (Secured Sockets Layer) available. Servers that store personally identifiable information are in a secure environment.

 

The SPARCs for Good program is designed to be secure. However, no digital framework is impervious to hackers. You are assuming some risk that the personal information you upload could be accessed.

 

SPARCs for Good will utilize Amazon Web Services ("AWS") for Cloud Hosting (https://aws.amazon.com/security). AWS is currently used by many different federal governmental agencies and subdivisions, including the Department of Defense, the National Security Agency and the Central Intelligence Agency. Through AWS, Cadet Portfolio will maintain data security under the AWS shared responsibility model to ensure full compliance with The Family Education Rights and Privacy Action of 1974, as amended ("FERPA")

Entire agreement

Subject to Section 12.1, these terms and conditions shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.