Terms and Conditions
RightsFlow, Inc. Terms and Conditions(effective May 15, 2011)
INTRODUCTION / ACCEPTANCE OF TERMS OF USEWelcome to MySpark copyright (MySpark), powered by RightsFlow, Inc.! Here you can simply and securely register the copyright for your original works with the United States Copyright Office (USCO). These are the Terms and Conditions of Use (Terms of Use) governing your access to and use of this website. PLEASE READ THE TERMS OF USE CAREFULLY AND IN THEIR ENTIRETY BEFORE CONTINUING TO USE THE WEBSITE. By using this website you are acknowledging and accepting these Terms of Use and are entering into a binding and enforceable legal contract between you and RightsFlow, Inc. (RightsFlow) on your behalf and on behalf of the organization you represent (Agreement). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, YOU MUST CEASE USING THE WEBSITE.
If you are under eighteen (18) years of age, you must have parental consent before attempting to register a copyright using this site.
1. OWNERSHIP OF THIS WEBSITEThis website is owned and operated by RightsFlow. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software, and all related rights, are the exclusive property of RightsFlow. All elements of this website are protected by copyright, trademark, trade dress, moral rights and other laws relating to intellectual property. Upon accessing MySpark, accepting these Terms of Use, and entering into the Agreement with RightsFlow, and subject to your full compliance with the Terms of Use, you are granted a revocable license to access this website for the purpose of purchasing copyright registration services. You acknowledge that RightsFlow may terminate or limit your access to the site at any time, including, without limitation, for any breach of these Terms of Use, with or without notice.
2. REGISTRATION INFORMATION / USERNAME AND PASSWORDYou agree to provide complete and accurate information when registering to use this site. Upon registration, you will choose a private username and password. You agree to use your username and password only to purchase copyright registration services and conduct business on behalf of yourself or the organization you represent. You will not permit others to use your username or password for any reason. RightsFlow will not be liable in the event of loss of your username or password or for any misuse by anyone of your username or password. You have the sole responsibility to secure and maintain your username and password and agree to immediately notify RightsFlow of any unauthorized use of your username and password.
3. PRIVACY POLICYRightsFlow values your privacy. Please review the Privacy Policy governing this website: http://www.mysparkcopyright.com/privacypolicy
RightsFlow reserves the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, at our sole discretion.
4. NO UNLAWFUL OR UNAUTHORIZED USESYou agree and warrant that you will not use this website for any purpose that is unlawful or prohibited by these Terms of Use. You further agree that you will not use this website in any manner that could damage, disable, overburden or impair the website, or interfere with any other party's use of the website.
5. REGISTRATION SERVICESmysparkcopyright.com allows you to simply and securely register the copyright for your original works. Based upon the information that you provide, we will prepare an application for copyright registration and submit it to the USCO. Accordingly, you appoint RightsFlow as an authorized agent to process and submit a copyright application on your behalf. We will also collect from you the government's registration fee and submit it to the USCO.
In order for us to submit copyright applications on your behalf, you agree and warrant that you will provide accurate information regarding yourself and the work(s) that you wish to copyright. While we will review the information for completeness and obvious errors, RightsFlow cannot verify the information entered. You understand that the information entered is provided directly to the USCO and is the information upon which the USCO will evaluate and either grant or deny your copyright registration request. If you make a mistake, let us know as soon as possible. So long as edits are made prior to our submitting your application to the USCO, we make them at no charge, but once we have submitted, edits cannot be made. We may also need to contact you if we or the USCO have any questions. You are responsible for getting back to us if we contact you with questions.
You represent and warrant that you have the right to register the work for copyright, are not infringing the rights of any third party by doing so, and understand how the rights of any collaborators or co-creators may be affected by registration. Unfortunately, RightsFlow cannot help you with any of these legal issues. You should contact a lawyer if you have any questions. You understand that you are responsible for any liability that may result from your registration of any copyright through MySpark. In the event your attempt to register, or successful registration of, a copyright causes a third party to bring a cause of action against RightsFlow, you agree to indemnify RightsFlow in accordance with Section 8 below.
If your copyright application is supported by digital materials (mp3, jpeg, ebook, etc), we provide a platform for you to upload them and we submit them to the USCO on your behalf. If your copyright application is supported by physical materials (CD, photograph, etc.), we will provide you with a shipping slip, UPC code, and shipping instructions. It is your responsibility to timely submit physical materials to the USCO. We are not responsible if your application is denied because you fail to promptly send materials to the USCO.
You hereby release and forever discharge RightsFlow, its officers, directors, and shareholders from any and all causes of action you may have against them based upon the use of this website for copyright registration or the information provided via this website or through any other means of communication with RightsFlow staff.
RightsFlow is not responsible if registration cannot be obtained or if a registration application is rejected by the USCO for any reason that is not caused by RightsFlow error.
6. VIOLATIONS OF TERMS AND CONDITIONSShould you violate these Terms of Use or any other rights of RightsFlow or any third parties, including, without limitation, infringing the rights of any collaborator, co-creator, or other third party, RightsFlow reserves the right to pursue any and all legal and equitable remedies against you, including without limitation, terminating any and all user accounts; in such event, you also agree to indemnify RightsFlow against any claim by any third party in accordance with Section 8 below.
If you are aware of any violation of these Terms of Use, please report them to:
Attn: MySpark copyright
56 W. 22nd Street, 9th Floor
New York, NY 10010
Or by email to violations@rightsflow.com.
MySpark offers a 100% money back guarantee on copyright registration services. That means that if RightsFlow fails to submit your application to the USCO in a complete and timely manner, based upon the information and materials you provided, you are entitled to a refund of your fee. If the USCO rejects an application due to RightsFlow error, we will correct any errors and resubmit the application at no charge to you.
If the application is rejected by the USCO for any reason other than RightsFlow error, including, due to your error, or other reasons not within our control (for example, the USCO determines that your work does not contain sufficient original authorship to be registered, or has already been registered by another party), you will not be entitled to any refund. In this event, we can resubmit the application on your behalf after receiving the corrected information at a discounted fee in our discretion.
Please note that we cannot under any circumstances refund any filing fees once submitted to the government in conjunction with your application. In the event that we process an application request but you fail to submit materials to the USCO, we may in our discretion grant you a refund of the non-USCO portion of the fee.
8. INDEMNIFICATIONYou will indemnify and hold harmless RightsFlow, its officers, directors, employees, shareholders, subsidiaries, and affiliates against any and all losses, expenses, costs or damages (including without limitation reasonable attorney's fees and litigation expenses) incurred by any or all of them as a result of your breach of these Terms of Use or your unauthorized use of the website or copyright registration services provided by RightsFlow.
9. DISCLAIMERS, LIMITATION ON LIABILITYTHIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND RIGHTSFLOW EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE FUNCTIONS EMBODIED IN THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. RIGHTSFLOW MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE ON OR THROUGH THIS SITE.
RIGHTSFLOW MAKES NO GUARANTEES OR WARRANTIES THAT ANY COPYRIGHT APPLICATION PREPARED BY US WILL BE SATISFACTORY TO THE USCO OR THAT A CERTIFICATE OF REGISTRATION SHALL BE ISSUED.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RESPONSIBILITY AND RISK. RIGHTSFLOW NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY OPINION, ADVICE, STATEMENT, INFORMATION OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THIS SITE, NOR WILL IT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES OR MATERIALS OBTAINED ON OR THROUGH THIS SITE.
EXCEPT AS SPECIFICALLY STATED IN THESE TERMS OF USE OR ELSEWHERE ON THIS WEBSITE, NEITHER RIGHTSFLOW, NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES), WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, ARISING OUT OF YOUR USE OF, YOUR INABILITY TO USE, OR THE PERFORMANCE OF THIS WEBSITE WHETHER OR NOT RIGHTSFLOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF RIGHTSFLOW, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY TO RIGHTSFLOW FOR REGISTRATION SERVICES OR ACCESS TO, OR USE OF, THE WEBSITE.
TO THE EXTENT IT MAY APPLY, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 154, WHICH STATES:
(GENERAL RELEASE CLAIMS EXTINGUISHED) A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OS SUPSECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
10. NO PROFESSIONAL ADVICENo information provided in these Terms of Use, the website, or communications with RightsFlow staff should be construed as legal or other professional advice. RightsFlow does not provide such services and the availability of background information does not create any professional service relationship. Although RightsFlow has attempted to clearly and succinctly explain many of the rules associated with copyright registration, none of the information provided here is an adequate substitute for obtaining advice and guidance from a lawyer or other licensed professional familiar with your circumstances.
11. ELECTRONIC COMMUNICATION AND CONTRACTYou consent to receive communications regarding registration of your copyrights from RightsFlow and the USCO electronically. You agree that all notices and other communications provided to you by RightsFlow in electronic format satisfy any legal requirements that such documents or communications be in writing, and that such documents and communications have the same force and effect as though they had been provided in non-electronic form.
12. GOVERNING LAW AND VENUEThese Terms of Use shall be interpreted and governed under the laws of the State of New York, without reference to conflict of laws or the provisions of the United Nations Convention on Contracts. Venue for any and all disputes arising under these Terms of Use shall lie exclusively in the state and federal courts of New York, in New York County. You agree not to contest personal jurisdiction or venue of these courts. Notwithstanding the foregoing, RightsFlow will have the right to commence and prosecute any legal or equitable action or proceeding before any non-U.S. court of competent jurisdiction to obtain injunctive or other relief as RightsFlow may deem necessary.
13. WAIVER AND AMENDMENTThe failure by RightsFlow to act with respect to a breach by you or others of the Terms of Use does not waive any right to act with respect to subsequent or similar breaches.
RightsFlow may, from time to time, amend these Terms of Use and your use of the website following any such amendment shall constitute your further agreement to follow and be bound by the amended Terms of Use.
14. SEVERABILITYIf any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be modified so that it is valid and/or enforceable to the greatest extent possible under applicable law. All remaining provisions shall be unaffected and enforceable.
15. ENTIRE AGREEMENTThese Terms of Use, the Privacy Policy, and, Refund Policy, collectively set forth the entire understanding between you and RightsFlow with respect to your use of this website. It is understood that in the event of any conflict between these Terms of Use and any other writing or communication, these Terms of Use shall control.