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Terms of Use

Last Modified: 11/09/16

These terms of use are entered into by and between You and eMagin Corp. (“eMagin,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the SparkApp mobile application (“SparkApp”) and www.blazethenight.com (the “Website”), including any content, functionality and services offered on or through SparkApp or the Website, whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use SparkApp or the Website. By using SparkApp or the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at [INSERT URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use SparkApp or the Website.

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.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of SparkApp and the Website thereafter.

Your continued use of SparkApp or the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page and/or the Terms of Use page in SparkApp frequently so you are aware of any changes, as they are binding on you.

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.
  • Ensuring that all persons who access SparkApp and/or the Website through your internet connection or mobile device are aware of these Terms of Use and comply with them.

To access SparkApp or the Website or some of the resources they offer, you may be asked to provide certain registration details or other information. It is a condition of your use of SparkApp and the Website that all the information you provide in SparkApp and on the Website is correct, current and complete. You agree that all information you provide to register with SparkApp and/or this Website or otherwise, including but not limited to through the use of any interactive features on SparkApp or the Website, is governed by our Privacy Policy [INSERT AS LINK TO WEBSITE’S PRIVACY POLICY], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

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.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

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.

These Terms of Use permit you to use SparkApp and the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material in SparkApp or on our Website, except as follows:

  • 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.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of SparkApp or the Website in breach of the Terms of Use, your right to use SparkApp and/or the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to SparkApp or the Website or any content on SparkApp or the Website is transferred to you, and all rights not expressly granted are reserved by eMagin. Any use of SparkApp or the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

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.

Prohibited Uses

You may use SparkApp and the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use SparkApp or the Website:

  • 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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • 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.

User Contributions

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.

All User Contributions must comply with the Content Standards set out in these Terms of Use. You retain ownership of any User Contributions you post with SparkApp or on the Website, but any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

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.
  • All of your User Contributions do and will comply with these Terms of Use.

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.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of SparkApp or the Website or the public or could create liability for eMagin.
  • 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.
  • Terminate or suspend your access to all or part of SparkApp or the Website for any or no reason, including without limitation, any violation of these Terms of Use.

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.

Content Standards

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.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy [INSERT AS LINK TO PRIVACY POLICY].
  • 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.

Copyright Infringement

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

All information we collect in SparkApp or on the Website is subject to our Privacy Policy [INSERT AS LINK TO SITE’S PRIVACY POLICY]. By using SparkApp or the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services formed through SparkApp or the Website or as a result of visits made by you are governed by our Terms of Sale [INSERT AS LINK TO TERMS OF SALE], which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services or features of SparkApp or the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

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.
  • Otherwise take any action with respect to the materials in SparkAPp or on the Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

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.

Geographic Restrictions

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.

Indemnification

You agree to defend, indemnify and hold harmless eMagin, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of SparkApp or the Website, including, but not limited to, your User Contributions, any use of SparkApp’s or the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from SparkApp or the Website.

Government Restrictions

Any software or other programming provided by eMagin in connection with these Terms of Use is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101.  If acquired by or on behalf of the United States Department of Defense or any component thereof, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of these Terms of Use as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation.  If acquired by or on behalf of any civilian agency, the United States Government acquires this commercial computer software and commercial computer software documentation subject to the terms of these Terms of Use as specified in FAR 12.212, Computer Software.

Governing Law and Jurisdiction

All matters relating to SparkApp or the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use, SparkApp, or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York and County of New York (Manhattan), although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

[Arbitration

At eMagin’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York State law.] [** To discuss if eMagin would prefer arbitration **]

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OF SPARKAPP OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by eMagin of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of eMagin to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy (and our Terms of Sale, if applicable) constitute the sole and entire agreement between you and eMagin Corp. with respect to SparkApp and the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to SparkApp and the Website.

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: support@blazethenight.com.

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.

I have read and agree to these Terms of Use and the Privacy Policy.