Terms Of Service

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You") and SparkScan911. By using the SparkScan911.com ("Site") website and/or data, You acknowledge that You have read, understand, and agree to be bound by all the terms and conditions of this Agreement, along with any new, different, or additional terms, conditions, or policies which SparkScan911 may establish from time to time.

IF YOU DO NOT AGREE WITH ALL TERMS OF USE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

You agree that SparkScan911 may modify this Agreement from time to time. For the most current version of this agreement, refer to SparkScan911's website. SparkScan911 may also discontinue services it provides under this Agreement. You agree to be bound by any changes SparkScan911 may reasonably make to this Agreement when such changes become effective.

1. FEES

As consideration for the services purchased by You and provided to You by SparkScan911, You agree to pay SparkScan911 a monthly fee. Your monthly billing date will be determined based on the day of the month You establish Your active account with SparkScan911 unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. Payment is to be made by You providing a valid credit card payment via our third party service provider Stripe. As we provide all services and data in good faith, all payments are nonrefundable. If for any reason SparkScan911 is unable to charge your credit card with the full amount of the service provided, or if SparkScan911 is charged back for any fee it previously charged to the credit card You provided, You agree that SparkScan911 may pursue all available remedies in order to obtain payment.

You agree that You will be responsible for cancelling any automatic payments to SparkScan911 should you desire to terminate Your use of SparkScan911's services. In the absence of notification from You, SparkScan911 will automatically continue services indefinitely and will bill your or charge your credit card You have on file with SparkScan911 at SparkScan911's then current rates. It is Your responsibility to keep your credit card information current, including the expiration date. Contact our support if you need assistance with stopping services and discontinuing automatic payments.

2. TERM OF AGREEMENT; MODIFICATIONS

The term of this agreement shall continue in full force and effect as long as SparkScan911 is providing services to You.
You agree that SparkScan911 may modify this Agreement from time to time. For the most current version of this agreement, refer to SparkScan911's website. SparkScan911 may also discontinue services it provides under this Agreement. You agree to be bound by any changes SparkScan911 may reasonably make to this Agreement when such changes become effective.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

3. DESCRIPTION OF SERVICE

SparkScan911 currently provides data collection and management services to its customers for a monthly fee. By using our services, You abide by the terms and conditions set forth herein and in each of SparkScan911's policies and procedures. You are responsible for ensuring that Your personal profile conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements that are not provided by SparkScan911. Both You and SparkScan911 acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, SparkScan911 can make no guarantee that any given visitor shall be able to access SparkScan911's server at any given time.

SparkScan911 shall make ever effort to ensure all data is complete and current. SparkScan911 retrieves data from Immutascan. Limitations or lack of data are impacted by limitations of data existing on Immutascan.

SparkScan911 makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SparkScan911 also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by You, including loss of data or profits resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of You. Use of any information obtained by way of SparkScan911 is at Your own risk, and SparkScan911 specifically denies any responsibility for the accuracy or quality of information obtained through its services.

4. YOUR OBLIGATIONS

You agree that You have provided accurate, current and complete information in the application process and that You will notify SparkScan911 within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by SparkScan911 to determine the validity of information provided by You, will constitute a material breach of this Agreement.

You are be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. Each account may be used by a single user. The only exception is the use of the website by two people in within one household. We do monitor activity and do track IP addresses used by each user. We reserve the right to terminate an account without refund if we believe access is being shared with other non-familial users.

If You provide any information that is inaccurate, not current, false, misleading, incomplete, or if SparkScan911 has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, malicious, criminal, or incomplete, SparkScan911 has the absolute right, in its sole discretion, to terminate all services and close Your account. We reserve the right to modify, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, trying to impersonate a known user from another platform, or is otherwise objectionable.

You agree to access all data provide by SparkScan911 on the SparkScan911 website or mobile app. Any attempt to scrape data from the website will result in the closure of your account and blocking of your IP address. By using SparkScan911's services, You agree to not access the Site through automated or non-human means, whether through a bot, script, or otherwise. Photos, images, and screen captures may be used in personal posts on social media and communications with others as long as they are not used in a negative or harmful manner. Photos, images, and screen captures may not be used on competing websites, videos, social media, or email marketing. Our goal is to help NFT investors and hobbyists manage their collection and find key items they would like to collect.

You are responsible for and must provide all telephone, computer, hardware, and software equipment and services necessary to access SparkScan911's servers. SparkScan911 makes no representations, warranties, or assurances that Your equipment will be compatible with SparkScan911 servers.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. If You choose to access the Site from other locations, You are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

5. SparkScan911'S RIGHTS

SparkScan911 explicitly reserves the right and sole discretion to: a. Censor any web user on our servers that, in SparkScan911's sole discretion, is deemed inappropriate; b. Review every account for excessive IP address changes, usage of space, or bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; c. Modify its pricing through email notification; d. Terminate Your service for improper use items in Section 4; nonpayment of monthly fees; and other activities whether lawful or unlawful that SparkScan911 determines to be harmful to its other customers, operations, or reputation; e. Terminate Your service if the contents of Your profile result in, or are the subject of, legal action or threatened legal action, against SparkScan911 or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.

You agree to indemnify and hold harmless SparkScan911 for any complications arising out of Your use of SparkScan911's services, including actions SparkScan911 chooses to take to remedy Your improper or illegal use of the SparkScan911 services. You agree You will not be entitled to a refund of any fees paid to SparkScan911 if, for any reason, SparkScan911 takes corrective action with respect to Your improper or illegal use of its services.

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms of Use, take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities, and in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

6. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, SparkScan911 is our proprietary property and all source code, databases, functionality, software, website and other designs, audio, video, text, photographs, layouts and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to SparkScan911, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. All Content is provided on the Site “AS IS” for personal use only. No part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, publicly displayed, encoded, translated, uploaded, posted, transmitted, distributed, sold, resold, licensed, or otherwise exploited for any commercial or for-profit purpose whatsoever, without our express prior written permission.

7. PROHIBITED ACTIVITES

You may not access or use SparkScan911.com for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user or visitor of the Site, you agree not to:

Automate or manually scrape, download, or compile content from the Site without written permission from SparkScan911.com.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Embed the Site within another website or application via iFrame or other code or processes.
Delete watermarks, copyright, or other proprietary rights notices from any Content.
Sell or otherwise transfer your profile.
Attempt to impersonate another user or use the username of another user.
Enter the social media contact information of another user into your personal profile details.
Use inappropriate or harmful languange in your personal profile details.
Trick, defraud, or mislead SparkScan911 or other users, especially in any attempt to learn sensitive account information such as user passwords.
Attempt to capture login details of other users or hack via brute force or other methods any user or management account.
Use any information obtained from the Site in order to harass, abuse, threaten, or harm another person.
Make any unauthorized use of the Site, including collecting usernames, email address, social media or other personal details of users for the purpose of sending unsolicited messages, using the data for identity theft, or creating user accounts by automated means or under false pretenses.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material including pornography , that interferes with any party's uninterrupted use and enjoyment of the Service or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Make improper use of our support services or submit false reports of abuse or misconduct.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees, clients, or agents.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Use the Site to advertise or offer to sell goods and services apart from NFTs you personally own.
Use the Site, content, data, processes, or services as part of any effort to compete with SparkScan911.com.
Copy or adapt the Site’s software, including but not limited to website/software code/scripting, graphics, user posts, or other content.
Use the Site, content, data, processes, or services for any revenue generating endeavor or commercial enterprise or use it in a manner it was not intended.

8. User generated contributions

The Site may offer an opportunity for users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site. This content includes, but is not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites with our permission. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.

9. Contribution license

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings). By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you. This includes comments, questions, suggestions, ideas, feedback, or other information submitted via a web form, email, or social media channels. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

10. DISPUTE RESOLUTION POLICY

You agree to be bound by SparkScan911's current Dispute Resolution Policy.

You agree that if a dispute arises as a result of any services SparkScan911 is providing You, You will indemnify, defend and hold SparkScan911 and all employees, clients, and agents harmless for damages arising out of such dispute. You also agree that if SparkScan911 is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding services or content provided by SparkScan911, that SparkScan911, in its sole discretion, may take whatever action SparkScan911 deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled

11. LIMITATION OF LIABILITY

You agree that SparkScan911's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by SparkScan911 to You under this Agreement, and for any breach of this Agreement by SparkScan911, shall be limited to the fees You paid to SparkScan911 for services. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of a domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

12. INDEMNITY

You agree to release, defend, indemnify and hold harmless SparkScan911 and its contractors, agents, employees, offices, directors, shareholders, ciients, and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with SparkScan911 and/or Your use of the services or content provided by SparkScan911.

13. DISCLAIMER OF WARRANTIES.

SparkScan911 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. SEVERABILITY

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

15. TRANSFER

You may not transfer this contract without the written consent of SparkScan911.

16. NOTICES

You agree that all notices (except for notices concerning breach of this Agreement) from SparkScan911 to You may be posted on our web site. Notices concerning breach will be sent to the email address you have on file with SparkScan911. Delivery shall be deemed to have been made five (5) days after the date sent. Revisions to this Contract will be applicable to previous Contracts. Revisions will be considered agreed to by You upon Your next payment as specified in Section - Fees.

Notices from You to SparkScan911 shall be made by email, sent via the contact form on the SparkScan911.com website.