Terms and Conditions

These Terms govern your use of ChatterSpark, other products, features, apps, services, technologies, and software we offer (the ChatterSpark Products or Products), except where we expressly state that separate terms (and not these) apply.

We don’t charge you to use ChatterSpark or the other products and services covered by these Terms. Instead, businesses and organizations pay us to show you ads for their products and services. By using our Products, you agree that we may show you ads.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers unless you give us specific permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we show those ads to people who may be interested. We provide advertisers with reports about the performance of their ads that help them understand how people are interacting with their content. See Section 2 below to learn more.

Our Data Policy explains how we collect and use your personal data to determine some of the ads you see and provide all of the other services described below. You can also go to your settings at any time to review the privacy choices you have about how we use your data.

1. The services we provide
Our mission is to give people the power to build community and bring the world closer together. To help advance this mission, we provide the Products and services described below to you:
Provide a personalized experience for you:
Your experience on ChatterSpark is unlike anyone else's: from the posts, stories, events, ads, and other content you see in News Feed or our video platform to the Pages you follow and other features you might use, such as Trending, Marketplace, and search.
Connect you with people and organizations you care about:
We help you find and connect with people, groups, businesses, organizations, and others that matter to you across the ChatterSpark Products you use. We use the data we have to make suggestions for you and others - for example, groups to join, events to attend, Pages to follow or send a message to, shows to watch, and people you may want to become friends with. Stronger ties make for better communities, and we believe our services are most useful when people are connected to people, groups, and organizations they care about.
Empower you to express yourself and communicate about what matters to you:
There are many ways to express yourself on ChatterSpark and to communicate with friends, family, and others about what matters to you - for example, sharing status updates, photos, videos, and stories across the ChatterSpark Products you use, sending messages to a friend or several people, creating events or groups, or adding content to your profile.
Help you discover content, products, and services that may interest you:
We may show you ads, offers, and other sponsored content to help you discover content, products, and services that are offered by the many businesses and organizations that use ChatterSpark and other ChatterSpark Products. Section 2 below explains this in more detail.
Combat harmful conduct and protect and support our community:
People will only build community on ChatterSpark if they feel safe. We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. We share data with other ChatterSpark Companies when we detect misuse or harmful conduct by someone using one of our Products.
Use and develop advanced technologies to provide safe and functional services for everyone:
We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on ChatterSpark or Instagram. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.
Research ways to make our services better:
We engage in research to develop, test, and improve our Products.
Provide consistent and seamless experiences across the ChatterSpark Company Products:
Our Products help you find and connect with people, groups, businesses, organizations, and others that are important to you. We design our systems so that your experience is consistent and seamless across the different ChatterSpark Products that you use.
2. How our services are funded
Instead of paying to use ChatterSpark and the other products and services we offer, by using the ChatterSpark Products covered by these Terms, you agree that we can show you ads that businesses and organizations pay us to promote on and off the ChatterSpark Company Products.
Protecting people's privacy is central to how we've designed our ad system. This means that we can show you relevant and useful ads without telling advertisers who you are. We don't sell your personal data. We allow advertisers to tell us things like their business goal, and the kind of audience they want to see their ads (for example, people between the age of 18-35 who like cycling). We then show their ad to people who might be interested.
3. Your commitments to ChatterSpark and our community
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
1. Who can use ChatterSpark
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:

    Use the same name that you use in everyday life.
    Provide accurate information about yourself.
    Create only one account (your own) and use your timeline for personal purposes.
    Not share your password, give access to your ChatterSpark account to others, or transfer your account to anyone else (without our permission).

We try to make ChatterSpark broadly available to everyone, but you cannot use ChatterSpark if:

    You are under 13 years old.
    You are a convicted sex offender.
    We've previously disabled your account for violations of our Terms or Policies.
    You are prohibited from receiving our products, services, or software under applicable laws.

2. What you can share and do on ChatterSpark
We want people to use ChatterSpark to express themselves and to share content that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):

    You may not use our Products to do or share anything:
        That violates these Terms, our Community Standards, and other terms and policies that apply to your use of ChatterSpark.
        That is unlawful, misleading, discriminatory or fraudulent.
        That infringes or violates someone else's rights, including their intellectual property rights.
    You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products.
    You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove or restrict access to content that is in violation of these provisions.
If we remove content that you have shared in violation of our TOS, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
We also can remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to ChatterSpark.
3. The permissions you give us
We need certain permissions from you to provide our services:

    Permission to use content you create and share: Some content that you share or upload, such as photos or videos, may be protected by intellectual property laws.
    You own the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on ChatterSpark. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want.
    However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and services as described in Section 1 above.
    Specifically, when you share, post, or upload content that is covered by intellectual property rights on or in connection with our Products, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). This means, for example, that if you share a photo on ChatterSpark, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as service providers that support our service or other ChatterSpark Products you use.This license will end when your content is deleted from our systems.
    You can delete content individually or all at once by deleting your account. Learn more about how to delete your account. You can download a copy of your data at any time before deleting your account.
    When you delete content, it’s no longer visible to other users, however it may continue to exist elsewhere on our systems where:
        immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it);
        your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or
        where immediate deletion would restrict our ability to:
            investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems);
            comply with a legal obligation, such as the preservation of evidence; or
            comply with a request of a judicial or administrative authority, law enforcement or a government agency;
    in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
    In each of the above cases, this license will continue until the content has been fully deleted.
    Permission to update software you use or download: If you download or use our software, you give us permission to download and install updates to the software where available.

4. Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Products (for example, images, designs, videos, or sounds we provide that you add to content you create or share on ChatterSpark), we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

4. Additional provisions
1. Updating our Terms
We work constantly to improve our services and develop new features to make our Products better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices. Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products.
We hope that you will continue using our Products, but if you do not agree to our updated Terms and no longer want to be a part of the ChatterSpark community, you can delete your account at any time.
2. Account suspension or termination
We want ChatterSpark to be a place where people feel welcome and safe to express themselves and share their thoughts and ideas.
If we determine that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons.
You can learn more about what you can do if your account has been disabled and how to contact us if you think we have disabled your account by mistake.
If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
3. Limits on liability
We work hard to provide the best Products we can and to specify clear guidelines for everyone who uses them. Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the ChatterSpark Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the ChatterSpark Products will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
4. Disputes
We try to provide clear rules so that we can limit or hopefully avoid disputes between you and us. If a dispute does arise, however, it's useful to know up front where it can be resolved and what laws will apply.
For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the ChatterSpark Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the state of Tennessee or a state court located in Anderson County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of Tennessee will govern these Terms and any claim, without regard to conflict of law provisions.
5. Other

    These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and ChatterSpark, Inc. regarding your use of our Products. They supersede any prior agreements.
    Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products, developing apps, managing a group or Page for your business, or using our measurement services, you must agree to our Commercial Terms. If you post or share content containing music, you must comply with our Music Guidelines. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
    If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
    You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
   These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
    You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
    We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.
    We reserve all rights not expressly granted to you.