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SoundSpark Legal

SPARK
SOUND SPARK
SOUND SPARK STUDIOS
Master Legal Notice & Terms of Use

Updated: August 10, 2022

NOTICE

By using the SOUNDSPARK™ services, including this website, YOU (THE USER) record that you accept these terms and conditions of use. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE CEASE AND DESIST FROM INTERCOURSE WITH ALL SOUNDSPARK SERVICES IMMEDIATELY, ACCORDING TO LAW!!
I. The Provider. SOUND SPARK STUDIOS, 'also known as' (a/k/a) SOUNDSPARK, and in some distinctive contexts a/k/a "SPARK," is a 'doing business as' (d/b/a) identification Mark for a sole proprietorship, founded by the CHIEF EXECUTIVE OFFICER ("CEO") JEREMY CHRISTOPHER SOUTHGATE, BORN IN THE YEAR 1990 AT BOSTON, MASSACHUSETTS, IN THE UNITED STATES OF AMERICA, for producing Music, Design, and Invention in and as export from, inter alia, the United States of America. This sole proprietorship of one natural-born person, inclusive of its sub-licensees where indicated, is the sole provider of the SoundSpark services: He has the Right to sue and be sued in any appropriate Court of Law or Equity.
II. Jurisdiction and Venue.
1. General Home Jurisdiction as to SoundSpark.

SoundSpark currently exists as a Citizen of the UNITED STATES OF AMERICA: incorporated in the COMMONWEALTH OF MASSACHUSETTS and with a principal place of business in the STATE OF NEW HAMPSHIRE. SoundSpark is also a dually a Citizen of the BUNDESREPUBLIK DEUTSCHLAND (Federal Republic of Germany). Process may be served to the SoundSpark CHIEF EXECUTIVE OFFICER (CEO) at the addresses actively registered for these jurisdictions with the respective Secretaries of State, according to law or as legislated by treaty. See The Hague Convetion.

2. Specific Jurisdiction and Venue in General

By voluntarily accessing and continuing to access the SoundSpark services, as developed and provided from the above-cited Home Jurisdiction, YOU THE USER acknowledge that SoundSpark's Home Jurisdictions may exercise personal jurisdiction over you, specific to any acts directly or proximately relating to your use of the SoundSpark services. NOTICE HERE: BY REASON OF REPEAT USE OF THIS WEBSITE, YOU MAY BE SUBJECTED TO A LAWSUIT IN A SOUTHGATE™ SOUNDSPARK™ HOME FORUM IN THE EVENT OF ANY GENUINE LEGAL DISPUTE.

YOU SPECIFICALLY HAVE WAIVED ALL OBJECTIONS TO THE SOUNDSPARK CHOICE OF FORUM IN AN APPROPRIATE JURISDICTION as a proper Venue for any appropriate mediation, arbitration, or adjudication.

III. Warranty. SOUNDSPARK PROVIDES ALL SERVICES "AS IS" AND "AT WILL" AND "WHILE ALIVE" IN TRUST. NO WARRANTY IS EXPRESSED OR IMPLIED AS TO THE FUNCTIONALITY, RELIABILITY, OR FITNESS TO FULFILL EXPECTATIONS CONCERNING THE PROVIDER AND THE SERVICES. The Provider may alter or discontinue any of the services at any time, for any reason, with or without notice, except as prohibited by Law.
IV. Privacy, SAFETY & TRUST.

THE SOUNDSPARK POLICY ON PRIVACY favors individual self-determination and defense of a reasonable expectation of privacy. In all respects, the SOUNDSPARK PRIVACY MISSION IS TO ASCERTAIN AND INTERPRET "WHAT IS THE WILL OF THE USER'S FREE CHOICE?" AND THEN PROCEED ON THIS INTERPRETATION OF ANY SUBSTANTIAL MANIFESTATION OF THE USER'S CONSENT (CO-SENSE).

TO THIS END: This ongoing STATEMENT AND NOTICE OF PRIVACY CONCERNS and Policy is incorporated herein. Additional privacy concerns may be communicated and co-sensed to legal@soundspark.com

V. Intellectual Property
A. Statement on Intllectual Property.

SoundSpark respects the intellectual property of others, and your respect for SoundSpark's intellectual property is appreciated. Trademarks are the property of their respective owners. Questions or concerns respecting intellectual property may be e-mailed to legal@soundspark.com. This is not consent to electronic service of process.

B. Notice of SoundSpark' Intellectual Property.
1. All rights are reserved.

SoundSpark reserves all its rights. And by using SoundSpark services, you record that you have received actual notice of the following intellectual property claims.

2. Claims.

The following names, sounds, images, and graphics, or combinations thereof, are claimed as intellectual property of SoundSpark. This list is not exhaustive and does not limit SoundSpark' rights, and alteration of this list does not indicate abandonment of any rights.

i. Trademark & Copyright.

Since November 22, 2011, SoundSpark distinguishes itself by an original, graphic SPARK™ brand (trademark): a gold eight-point star with a gradient of red eminating into a field of blue. Because this brand is also an orginal work of authorship, it and its derivatives are also claimed subject to copyright protection, in the United States, where first published, and in other countries as provided by treaty.

ii. Trade Dress.

To highlight the original SPARK™ brand, SoundSpark further distinguishes itself by the combined use of the colors "gold," "red," and "blue," and these with "gray" shading over a "white" background — as a "full service" provider at the nexus of "Music," "Design," and "Invention."

iii. U.S. Trademark/Service Mark Registrations. "SOUND SPARK STUDIOS" No. 4,606,004
"SOUND SPARK STUDIOS" No. 4,711,931
"SOUND SPARK STUDIOS" No. 5,047,726
"SOUND STREAM" No. 5,367,136
"PORTUS" No. 5,379,225
"SOUND STREAM" No. 5,403,754
"SOUND SPARK STUDIOS" No. 5,453,647
"JEREMY C. SOUTHGATE" No. 5,524,925
"SOUND GEAR" No. 5,908,338
"SOUND SPARK STUDIOS" No. 5,549,441
[SoundSpark Design] No. 6,048,182
"SOUND SPARK" No. 6,169,041
"SPARK SQUARE MARKETPLACE" No. 6,463,894

iv. U.S. Copyright Registrations. "Black & White, et al." SRu001071414
"It's the Holidays." SR0000734928
"SoundSpark." SR0000741166
"SOUND SPARK STUDIOS." VA0001938870
"SOUND SPARK STUDIOS SKY." VA0001938870
"SOUND SPARK STUDIOS SOUND STREAM." VA0001938870
"SOUNDSPARKSTUDIOS.COM." VA0002068998
"SPARK AWARDS." VA0002105525

v. U.S. Patent Registrations.

"Communications terminal display with graphical user interface" No. D767,614S

vi. Common Law Trademarks.

The following are protected common law trademarks, and registration may be pending, especially in connection with music ("provision of information relating to music"), design ("design services"), and invention ("product research and development"):

((( ✸ )))℠
((( SPARK )))℠
SPARK℠
SPARKIT℠ or SPARK IT℠
SPARK SQUARE℠
SPARK ID℠
SPARK NEWS℠
SPARK ART℠
SOUND SPARK℠ or SOUNDSPARK℠
SOUNDSPARK DESIGN℠
SOUND SPARK STUDIOS AWARDS℠
SOUND GEAR℠
SOUND STREAM℠
THE MUSIC Fund℠
PORTUS℠
It's all about Great Music. ℠
Spark Music Discovery ℠
Spark. SoundSpark. Sound Spark Studios. ℠
"The Studio is where it happens." ℠

FBI IP Theft Warning Seal

FBI Anti-Piracy Warning: The unauthorized reproduction or distribution of a copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to five years in federal prison and a fine of $250,000.