Effective: December 20, 2019
This service is owned or operated by Fabric, LLC (“Fabric”, “us,” “our,” or “we”). These Terms of Use ("Terms") set forth the terms and conditions under which you are authorized to use our “Service” which includes our website at Sparkfabric.co (including any subdomains or mobile versions the “Site(s)”) and the Fabric mobile application (the “App”)
Through your use of our Service, you agree to these Terms.
Subject to your compliance with these Terms, Fabric grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive license to use our App and any software provided to you as part of the Service. As a condition of your right to access and use our Service, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Service under the laws of your jurisdiction. Fabric reserves the right to terminate your access in the event you violate these Terms or any Service Agreement. If you are accepting these Terms and using the Service on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED IN CONNECTION WITH THE USE OF THE SERVICE ON YOUR DEVICE(S) OR UNDER YOUR ACCOUNT.
To the extent additional rules or guidelines of Fabric affect your use of our Service, those rules and guidelines, including our Privacy Policy and Community Guidelines are part of these Terms. Capitalized terms not defined in these Terms will have the definition set forth in the Privacy Policy or Community Guidelines. In the event of a conflict between these Terms and our Privacy Policy, the Privacy Policy shall control to the extent of such conflict. These terms shall control to the extent in conflict with the Community Guidelines.
We may use third party service providers in order to provide portions of the Service to you, or you may visit third parties through links or other interactions with our Service. Except in connection with their use of our Service, these third parties are not governed by these Terms. You acknowledge that any reliance on representations and warranties provided by any party other than Fabric will be at your own risk. Your use of any third-party-operated websites/services may be subject to additional terms of use and privacy policies.
We may make available, and users may post certain content through our Service, including text, images, links, audio, video, or other material (“Content”). As a Public platform, any Content make available through the Service may be made available to other users and the public.
The Content is owned by Fabric, or its respective partners, customers, or users, with all rights reserved, and may be licensed to Fabric by the Client, user, or other third parties. All Content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Service are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Fabric.
Any Content uploaded, posted, submitted, or otherwise made available by individual users of the Service or any third parties, including without limitation all files, documents and any other Content which does not originate with Fabric ("User Content"), is the sole responsibility of such user or third party. Under no circumstances will Fabric be liable in any way for any User Content. Fabric does not endorse or support any User Content, nor guarantee the truthfulness, integrity, accuracy, suitability, or quality of any User Content.
You also agree and understand that by accessing the Service, you may encounter User Content that you may consider to be objectionable. Fabric reserves the right (but has no obligation unless required by law) in its sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on the Service, including User Content that may violation our Community Guidelines. You agree that the exercise by Fabric of such discretion shall not convert or transform User Content to content owned or provided by Fabric, and the user who made such User Content available on the Service will retain ownership thereof as described below.
You retain ownership of any User Content that you submit, post, embed, or make available through the Service. Fabric does not claim ownership of original works created and posted by users of the Service. However, by submitting, posting or embedding, or making User Content available through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, create derivative works, and distribute such User Content in any and all media or distribution channels now known or later developed.
This license authorizes us to make User Content available to anyone, and to let others that access that User Content do the same, and we may make User Content available to other companies, organizations or individuals for syndication, broadcast, distribution, promotion or publication through any and all media, services, or distribution channels now known or later developed.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, title, or authority necessary to grant us the foregoing license in and to the User Content that you submit, post, display or otherwise make available through the Service. You agree that such User Content will not contain material subject to any third-party copyright or other proprietary rights, unless you have obtained the right, title, license, consent, permission, title, or authority necessary to grant us the license described above.