Last Modified: 11/09/16
SparkApp and the Website are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using SparkApp or Website, you represent and warrant that you are of legal age to form a binding contract with eMagin and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use SparkApp or the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend SparkApp or this Website, and any service, features, or material we provide on SparkApp or the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of SparkApp or the Website is unavailable at any time or for any period. From time to time, we may restrict access to SparkApp or the Website, in whole or in part, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to SparkApp and/or the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to SparkApp or this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session when you access the Website. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
SparkApp is licensed to you, not sold. eMagin grants you a revocable, nontransferable, nonexclusive license to access and use the Website and to download and use the object code version of SparkApp for your use on a mobile device. Except for the limited license granted herein, SparkApp and the Website and each of their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by eMagin, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer or mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser or mobile device for display enhancement purposes.
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
When we make desktop, mobile, or other applications available for you to download (such as SparkApp), you may download a single copy of these applications to your computer or mobile device solely for your own personal, non-commercial use.
You must not:
- Modify copies of SparkApp or any materials from the Website.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from SparkApp or the Website.
You must not access or use for any commercial purposes any part of SparkApp or the Website or any services or materials available through SparkApp or the Website.
eMagin name, the term SparkApp, the eMagin logo, and all related names, logos, product and service names, designs and slogans are trademarks of eMagin or its affiliates or licensors. You must not use such marks without the prior written permission of eMagin. All other names, logos, product and service names, designs and slogans in SparkApp or on the Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate eMagin, a eMagin employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of SparkApp and/or the Website, or which, as determined by us, may harm eMagin or users of SparkApp or the Website or expose them to liability.
Additionally, you agree not to:
- Use SparkApp and the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of SparkApp or the Website, including their ability to engage in real time activities through SparkApp or the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on SparkApp or the Website.
- Use any manual process to monitor or copy any of the material on SparkApp or the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of SparkApp or the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of SparkApp or the Website, the server on which the Website is stored, or any server, computer or database used by or connected to SparkApp or the Website.
- Attack SparkApp or the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of SparkApp or the Website.
SparkApp or the Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not eMagin, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of SparkApp or the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through SparkApp or the Website. YOU WAIVE AND HOLD HARMLESS EMAGIN AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on SparkApp or the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We disclaim any responsibility or liability for copyrighted materials posted on our site. We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from SparkApp or the Website infringe your copyright, you may request removal of those materials (or access to them) from SparkApp or the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on SparkApp or the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- Both of the following statements in the body of the DMCA Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this DMCA Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Our designated Copyright Agent to receive DMCA Notices is:
[** Note – The Copyright Agent does not have to be an attorney and can be anyone within the company with the ability to properly monitor and report (typically to the legal department) notices of alleged copyright infringement. You will need to file an Interim Designation of copyright agent with the US Copyright Office and pay a small filing fee. Additional information can be found at the US Copyright Office website, http://www.copyright.gov/onlinesp/. Please let us know if you would like our assistance with this. **]
Reliance on Information Posted
The information presented on or through SparkApp or the Website is made available solely for general information purposes. 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. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of SparkApp or visitor to the Website, or by anyone who may be informed of any of its contents.
SparkApp and/or the Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by eMagin, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of eMagin. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to SparkApp or the Website
We may update the content of SparkApp or on this Website from time to time, but their content is not necessarily complete or up-to-date. Any of the material on SparkApp or the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website or Use of SparkApp
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
[** To discuss if eMagin wants to allow this type of activity. **]
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
SparkApp and the Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send e-mails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, if any. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If SparkApp or the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to SparkApp or this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of SparkApp and the Website is based in the State of New York in the United States. We provide SparkApp and the Website for use only by persons located in the United States. We make no claims that SparkApp or the Website or any of their contents is accessible or appropriate outside of the United States. Access to or use of SparkApp or the Website may not be legal by certain persons or in certain countries. If you access or use SparkApp or the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from SparkApp, the internet, or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, MOBILE DEVICE, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF SPARKAPP OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO SPARKAPP OR THE WEBSITE.
YOUR USE OF SPARKAPP AND/OR THE WEBSITE, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE IS AT YOUR OWN RISK. SPARKAPP, THE WEBSITE, THEIR CONTENTS AND ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EMAGIN NOR ANY PERSON ASSOCIATED WITH EMAGIN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF SPARKAPP OR THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EMAGIN NOR ANYONE ASSOCIATED WITH EMAGIN REPRESENTS OR WARRANTS THAT SPARKAPP OR THE WEBSITE, THEIR CONTENTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APPLCICATION, OUR SITE OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT SPARKAPP OR THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
EMAGIN HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL EMAGIN, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, SPARKAPP OR THE WEBSITE, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON SPARKAPP OR THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SPARKAPP OR THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
SparkApp is provided by, and the Website is operated by, eMagin Corp.; 2070 Route 52, Building 334; Hopewell Junction, NY 12533.
All other feedback, comments, requests for technical support and other communications relating to SparkApp or the Website should be directed to: firstname.lastname@example.org.
Consent to Call or Text You With Marketing, Advertising, or Service Related Messages
By providing my telephone number, you consent to receive calls at that number, including prerecorded or artificial voice message calls, fax messages, text messages, and calls/and or messages made using an automatic telephone dialing system by or on behalf of eMagin Corp. Such communications may be for telemarketing purposes. This express consent applies to any phone numbers as you provide now or in the future. You confirm that any number you provide is my own. You understand that you am not required to consent to receive telemarketing calls as a condition of admission or the receipt of any goods or services from eMagin.