Last updated: December 13, 2024
AGREEMENT TO OUR LEGAL TERMS
We are Atomic Agility, doing business as Spark His Devotion ("Company," "we," "us," "our"), registered in The Netherlands. We operate the website sparkhisdevotion.com, as well as any other related products and services that refer or link to these legal terms (collectively, the "Services").
You can contact us by email at [email protected].
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Atomic Agility, concerning your access to and use of the Services. By using the Services, you agree that you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Professional Disclaimer:
Our products and Services are for entertainment and informational purposes only. Nothing on this website constitutes, or is meant to constitute, professional advice of any kind. If you require advice in relation to any legal, financial, psychological, or medical matter, you should consult an appropriate professional.
Supplemental terms and conditions or documents may be posted on the Services from time to time. All such changes are hereby incorporated by reference into these Legal Terms. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change.
Information Provided
The information provided when using the Services is intended for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
Newsletter Services
If you choose to join our free newsletter by providing your name and email address, you agree that:
- We may contact you with email messages containing information we believe will interest you
- We may send promotional emails about products that we believe may benefit you
- We may receive financial compensation if you purchase recommended products
- You can unsubscribe from our communications at any time
- You are under no obligation to purchase any recommended products
Access and Use License
Subject to your compliance with these Legal Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:
- Access and use the Services
- Download or print a single copy of any portion of the content to which you have properly gained access
This license is solely for your personal, non-commercial use. You must not:
- Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any content from our Services, except as explicitly allowed
- Delete or alter any copyright, trademark, or other proprietary notices
- Access or use the Services for any commercial purpose without our express written permission
Our Intellectual Property
We own all intellectual property rights in our Services, including:
- All source code, databases, functionality, software, website designs
- Text, photographs, graphics, audio, video in the Services
- Trademarks, service marks, and logos contained therein
Your Use of Our Property
Unless specifically permitted in writing:
- No part of the Services may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose
- You may not data mine, robots, or similar data gathering and extraction tools
Content You Submit
By submitting suggestions, ideas, feedback, or other information about the Services ("Feedback"), you:
- Grant us a perpetual, worldwide, non-exclusive, royalty-free license to use and implement your Feedback
- Acknowledge that we may already be considering or developing similar features
- Waive any claim to compensation or confidentiality regarding the Feedback
Protection of Rights
We reserve all rights not expressly granted to you in and to the Services and our intellectual property. We may take appropriate legal action for any illegal or unauthorized use of the Services.
By using the Services, you represent and warrant that:
1. You are at least 18 years of age
2. You have the legal capacity to agree to these Legal Terms
3. You will not access the Services through automated or non-human means
4. You will not use the Services for any illegal or unauthorized purpose
5. Your use of the Services will not violate any applicable law or regulation
Account Guidelines
If you create an account with us, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.
You strictly agree not to:
System and Security
- Systematically retrieve data or content to create a database
- Use any device, software, or routine that interferes with the proper functioning of the Services
- Attempt to gain unauthorized access to any portion of the Services
- Interfere with the security features of the Services
- Upload or transmit viruses, malware, or other malicious code
Content and Behavior
- Post false, inaccurate, misleading, defamatory, or offensive content
- Harass, abuse, or harm another person
- Impersonate or attempt to impersonate our company, employees, or other users
- Engage in any automated use of the system
- Delete or alter any copyright, trademark, or other proprietary notices
Commercial Activities
- Use the Services for unauthorized commercial purposes
- Engage in unauthorized framing of or linking to the Services
- Compete with us or otherwise use the Services for revenue-generating endeavors
- Make improper use of our support services
- Use buying agents or purchasing agents
Privacy and Data
- Collect or track personal information of others
- Spam, phish, pharm, pretext, spider, crawl, or scrape
- Upload or transmit private information about any third party
- Attempt to bypass any measures designed to prevent or restrict access to the Services
User Contributions
When you create or make available any content through our Services, including comments, feedback, or other materials ("Contributions"), you represent and warrant that:
- You have all necessary rights and licenses to submit the Contributions
- Your Contributions do not violate any third party's intellectual property or privacy rights
- Your Contributions are not false, inaccurate, misleading, obscene, threatening, defamatory, or otherwise harmful
- Your Contributions comply with all applicable laws and regulations
Rights in Contributions
By posting Contributions, you grant us and our affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such Contributions in any media format for any purpose.
Monitoring and Enforcement
We have the right, but not the obligation, to:
- Monitor any Contributions
- Remove or refuse any Contributions at our sole discretion
- Take any action with respect to Contributions that we deem necessary
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights
We take no responsibility and assume no liability for any Contributions posted by you or any third party.
Payment Terms
- All prices for our Services are as stated on our website at the time of purchase
- Prices are subject to change at any time at our sole discretion
- All payments shall be processed immediately upon purchase
- Payments must be made through our authorized payment processors
- All prices include applicable taxes where required by law
Refund Policy
- We offer a 30-day money-back guarantee on our digital products
- To request a refund, contact us at [email protected]
- Refunds will be processed through the original payment method
- We reserve the right to reject refund requests that do not comply with our policies
DISCLAIMER OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OF CONTENT
- SECURITY
- RELIABILITY, TIMELINESS, AND PERFORMANCE
WE DO NOT WARRANT THAT:
- THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE
- DEFECTS WILL BE CORRECTED
- THE SERVICES OR SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, ATOMIC AGILITY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR:
1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
2. LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
3. DAMAGES RESULTING FROM:
- USE OR INABILITY TO USE THE SERVICES
- ANY CONDUCT OR CONTENT OF ANY THIRD PARTY
- UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION
- INTERRUPTION OR CESSATION OF THE SERVICES
- ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED
- ANY CONTENT OBTAINED FROM THE SERVICES
THE TOTAL LIABILITY OF ATOMIC AGILITY FOR ANY CLAIM ARISING FROM OR RELATING TO THESE LEGAL TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
You agree to defend, indemnify, and hold harmless Atomic Agility and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:
1. Your use of the Services
2. Your violation of these Legal Terms
3. Your violation of any third party's rights
4. Your conduct in connection with the Services
5. Any content you submit, post, or transmit through the Services
This indemnification obligation will survive the termination or expiration of these Legal Terms and your use of the Services.
Governing Law
These Legal Terms shall be governed by and construed in accordance with the laws of The Netherlands, without regard to its conflict of law principles.
Jurisdiction
Any legal action or proceeding arising out of or relating to these Legal Terms shall be exclusively brought in the courts of Lelystad, The Netherlands. You consent to the jurisdiction of these courts and waive any objection to such jurisdiction on the grounds of venue or forum non conveniens.
Informal Dispute Resolution
Before initiating any legal action, both parties agree to attempt to resolve any disputes informally. Either party must first send a written notice describing the dispute and proposed resolution to the other party. Contact information for notices:
To Atomic Agility: [email protected]
To User: At the email address provided to us
Term
These Legal Terms shall remain in full force and effect while you use the Services.
Termination
We reserve the right to:
- Terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason
- Discontinue providing the Services, or any part thereof, with or without notice
- Delete or deactivate your account and all related information and files
- Bar any further access to such files or the Services
Effect of Termination
Upon termination:
- Your right to use the Services will immediately cease
- Any provision that by its nature should survive termination shall survive
- We are not liable to you or any third party for termination of access to the Services
We reserve the right to:
- Modify or discontinue any part of the Services without notice
- Change the pricing of our Services with reasonable notice
- Update these Legal Terms at any time
- Modify or discontinue any features, components, or content within the Services
Entire Agreement
These Legal Terms constitute the entire agreement between you and Atomic Agility regarding your use of the Services.
Severability
If any provision of these Legal Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while the remaining provisions shall remain in full force and effect.
No Waiver
Our failure to enforce any right or provision of these Legal Terms will not be considered a waiver of such right or provision.
Assignment
We may assign or transfer our rights and obligations under these Legal Terms without restriction. You may not assign your rights or obligations without our prior written consent.
Force Majeure
We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, or changes in laws or regulations.
If you have any questions about these Legal Terms or the Services, please contact us at:
Atomic Agility
DBA: Spark His Devotion
Email:
We reserve the right to update these Terms of Service at any time. We will notify users of any material changes by posting the updated Terms on our website and updating the "Last Updated" date at the top of these Terms. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Legal Terms.