This Website is intended for the use of individuals who are 18 years of age and above. By proceeding to use this Website, you confirm that you are 18 years of age or older.

The following terms and conditions govern your utilization of the websites owned by SPARK NYC.

SPARK NYC reserves the right to revise these Terms and Conditions of Use at any time without prior notice by posting revised Terms and Conditions of Use on the SPARK NYC Websites. It is advisable to regularly review the SPARK NYC Websites for any updates. These Terms and Conditions of Use were last updated on August 22, 2023. Regardless, you acknowledge that accessing and using a SPARK NYC Website signifies your acceptance of these terms and conditions, which may change periodically.

USE AND LIMITATIONS You are authorized to use a SPARK NYC Website solely for personal, non-commercial purposes. Materials may be printed or saved to your personal computer for personal, non-commercial use. Using any automated system or software to extract data from a SPARK NYC Website for commercial purposes (including, but not limited to, screen scraping, database scraping, and any other activity intended to collect, store, summarize, or manipulate Materials or data, whether by automated or manual means) is prohibited. Furthermore, you agree not to:

• Engage in actions that unduly strain or may unduly strain the infrastructure of SPARK NYC websites.

• Interfere or attempt to interfere with the proper functioning of a SPARK NYC Website, or any activities conducted on or through it.

• Circumvent any measures SPARK NYC may employ to prevent or restrict access to the SPARK NYC Websites.

USERNAMES AND PASSWORDS For features of a SPARK NYC Website accessible only through a login name and password, you bear sole responsibility and liability for the proper use and misuse of your login details. You are accountable for all activities occurring under your login name and password. In the interest of security, maintain the confidentiality of your login details and do not disclose them to any other individuals except authorized SPARK NYC representatives.

All login names and passwords remain SPARK NYC property and can be canceled or suspended at any time without notice or liability to you or any other individuals. SPARK NYC is under no obligation to verify the actual identity or authority of the user of any login name or password.

You must immediately notify SPARK NYC of any unauthorized use of your login name or password, or if you suspect or discover that your login name or password has been lost, stolen, disclosed to others, or compromised in any way.

REGISTRATION Opting to register with SPARK NYC for online purchases obligates you to (i) Provide accurate, current, and complete information about yourself; and (ii) Regularly update online information to keep it accurate, current, and complete.

ACCURACY OF INFORMATION While extensive efforts are made to ensure the accuracy of the information on SPARK NYC Websites, no explicit or implied warranty of accuracy or completeness is given. SPARK NYC reserves the right to rectify errors and alter or update information at any time without notice.

INDEMNIFICATION You agree to indemnify, defend, and hold SPARK NYC harmless from and against any claims, liabilities, damages, demands, suits, actions, losses, or expenses (including legal fees) stemming from:

• Your infringement on any SPARK NYC or third-party trademarks, official marks, trade secrets, copyrights, patents, or other intellectual property rights. Also, any claims arising as a result of your use of a SPARK NYC Website.

• Acts or omissions by you, your employees, or agents that lead to (i) Damage, loss, interference, or disruption to a SPARK NYC Website; (ii) Unauthorized or prohibited access to computer systems and data using a SPARK NYC Website;

• Your utilization of a SPARK NYC Website.

• Breach of any of these Terms of Use, SPARK NYC Privacy Policy, or any rules, regulations, guidelines, or policies established by SPARK NYC, as may be revised and posted on a SPARK NYC Website.

DISCLAIMERS Your use of a SPARK NYC website is solely at your risk. The SPARK NYC Websites are provided on an "as is," "as available" basis. SPARK NYC does not guarantee, warrant, represent, or covenant that the SPARK NYC Websites will operate uninterrupted or free from errors. SPARK NYC also does not guarantee, warrant, represent, or covenant that the results obtained from using a SPARK NYC Website, or the accuracy, reliability, or content of any information or service on a SPARK NYC Website.

SPARK NYC will not be held responsible for your inability to complete a transaction or acquire goods through any transaction, for any reason whatsoever. Downloading materials from a SPARK NYC Website is done at your own risk. SPARK NYC does not represent, covenant, guarantee, or warrant that such materials are free from viruses, worms, trojan horses, or other destructive code. You are responsible for implementing protective measures for your computer system and data, and you are accountable for any expenses related to service, repairs, or corrections resulting from your use of a SPARK NYC Website.

LIMITATIONS Under no circumstances shall SPARK NYC be liable to you for any direct, indirect, consequential, incidental, special, compensatory, or punitive damages or losses, or damages for loss of income, loss of business profits, business interruption, loss of data or business information, or loss of or damage to property, or third-party claims, or other financial loss arising from or connected with this agreement, the use of a SPARK NYC Website, the use of any other site or page accessible through a SPARK NYC Website, or the purchase or use of any goods obtained through a SPARK NYC Website. In no event will the cumulative liability of SPARK NYC arising from or connected with this agreement or such use or acquisition surpass the replacement cost of any such goods. In jurisdictions where some exclusions or limitations on specific categories of damages are disallowed, these exclusions or limitations may not be applicable.

The aforementioned disclaimers and limitations of liability hold true regardless of the causes, circumstances, or legal grounds underlying the loss, damage, claim, or liability, even if the claim is based on a breach of contract (including, but not limited to, a claim of fundamental breach or breach of a fundamental term), negligence, strict liability, or any other legal or equitable theory, even if the possibility of loss, damage, delay, claim, or liability is known.

SOCIAL MEDIA POLICY SPARK NYC employs social media channels to engage with customers and provide educational resources to the public. SPARK NYC is committed to safeguarding youth, and social media channels are meant for users aged 19 and above. SPARK NYC kindly requests that all social media users interacting with us maintain respect for other users and engage in appropriate discussions relevant to the topic.