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Your use of ComSpark.com and its subsidiary websites* ("ComSpark", "this website", "our", or "us") and the products and services offered herein are subject to these Terms of Use ("Terms"). Please review these Terms. Your use of this website indicates your agreement with these rules and to be bound by them, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of California, United States of America. If you do not agree with these Terms, your only remedy is to exit this website and do not use it.

These Terms may change. ComSpark reserves the right to update or modify these Terms at any time without notice. Your use of this website following any such change indicates your agreement to follow and be bound by the modified Terms. For this reason, please review these Terms each time you use this website.

Copyright Notice:

The content of this website, including, but not limited to, images, graphics, logo, the name "ComSpark", design layout, text, and descriptions, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by us, one of our affiliates, or by third parties who have licensed their materials to ComSpark.

This website is copyrighted as a collective work under U.S. copyright laws and international treaties, and ComSpark owns a copyright in the selection, coordination, arrangement and enhancement of the content. All rights are reserved.

You may not download, copy, reproduce, post, broadcast, distribute, sell, or use in any manner other than its expressed purpose any of our content online or offline. You may not link to any of our graphics, photographs, Flash® shows, or any file in these formats: .gif, .jpg, .tif, .png, or .swf. Linking to our graphic files constitutes theft of our intellectual property and our bandwidth, punishable by law.

Photo Availability: If you like any of our photographs, we appreciate your interest. However, you are not permitted to download any of the photographs that appear on ComSpark. Certain photographs can be purchased on CD in a limited variety of sizes and formats of your choice. Exclusive license may be available for purchase for some photographs. Please contact us for details and prices.

Special Permission for Photo Use: In certain instances, we may allow the use of our text or photos without payment. If you believe that your project or proposed use of our text or photo qualifies for special permission without payment, please contact us with the details. Written permission from ComSpark must be obtained before any download or use of our text or photographs.

Disclaimers, Limitation of Liability, and Enforcement of Terms:

Disclaimers - ComSpark reserves the right to choose or refuse any website project request for any reason based solely at our discretion.

This website is operated on an "as-is", "as-available" basis, without representations or warranties of any kind, expressed or implied. To the full extent permitted by law, we disclaim any and all representations and warranties regarding this site and its contents, whether expressed, implied, or statutory, including, but not limited to, warranties of title, merchantability and fitness for a particular purpose or use.

We do not represent or warrant that the information and scripts in use on this website are accurate, complete, reliable, useful, timely or current nor that this website will operate without interruption or error.

We do not endorse nor make any warranties or representations about any website you may access through this website. You need to make your own decisions regarding your viewing, interaction, or communication with any other website.

We make no representation that content provided on this website is applicable or appropriate for use in locations outside of the United States.

We assume no risk or responsibility for your use of any of the content provided on this website.

Limitation of Liability - Under no circumstances shall we or any of our employees, officers, agents, vendors or suppliers (collectively "we") be liable for any direct or indirect losses or damages arising out of or in connection with the use of, or inability to use, this website. Under no circumstances shall we be liable for any direct or indirect losses or damages arising out of or in connection with the use or possession of, or inability to use, any product or service sold on this website.

This is a comprehensive limitation of liability that applies to all losses and damages of any kind (general, special, consequential, incidental, exemplary or otherwise, including, without limitation, loss of data, income or profits), whether in contract, negligence or other tortious action, even if any of our authorized representatives have been advised of or should have known of the possibility of such damages.

Enforcement of Terms - Infringement of our Terms, including our copyright, can result in ComSpark taking appropriate criminal and/or legal action. Defendant will also be billed three times the value (as determined by ComSpark) of material illegally used, or $500 per occurrence, whichever is greater.

If you are dissatisfied with this website, or any content on the site, or with these Terms, your only remedy is to discontinue using this website. You acknowledge, by your use of this website, that your use of this website is at your sole risk and that you are bound by the rules in these Terms.

If any part of this limitation on liability is found to be invalid or unenforceable for any reason, including local or state laws, then our aggregate liability under such circumstances for liabilities that otherwise would have been limited shall not exceed one hundred dollars ($100).

The above Disclaimers, Limitation of Liability, and Enforcement of Terms apply with equal force to ComSpark and our clients' websites.


*NOTE: ComSpark's subsidiary websites include, but are not limited to, ElDoradoCounty.net, GoldRushChronicles.com, photo galleries, and our personal websites.


Updated February 27, 2015



   
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