Terms of Service
This Terms of Service Agreement ("Agreement") governs your use of the services provided by SJPA Entertainment LLC and/or any parent corporation, subsidiary, or affiliates (collectively, Spark Tryouts Services, or "we", "us").
By creating an account, viewing video content, making purchases, or subscribing to Spark Tryouts Services, you accept this Agreement and consent to enter into this contract with us electronically.
If you are an entity other than a natural person, the person who registers the account or otherwise uses Spark Tryouts Services must have the authority to bind the entity. In such a situation, "you" shall refer to both the entity and each individual person who is authorized to access the account.
By subscribing to Spark Tryouts Services, your membership will automatically renew and continue until you cancel your subscription or your subscription is otherwise terminated. In order to use Spark Tryouts Services, you must have internet access, a device that is capable of viewing the content on Spark Tryouts Services, and you must provide us with at least one valid payment method. Valid payment method refers to a current and valid method of payment such as a credit card provided to a third-party payment processing provider. You must explicitly cancel your membership prior to the renewal date of the month in order to avoid the billing of a membership fee for the next billing cycle. You are responsible for safeguarding the security of your account, including unauthorized activity. If you are using a device that others may have access to, you must log out after each session. If you become aware of unauthorized activity, you must change your password and notify us as soon as possible.
By creating an account on Spark Tryouts Services, you represent that you are at least 16 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account in order to use Spark Tryouts Services. By granting a minor permission to use the Spark Tryouts Services, parents and guardians agree and understand that you are responsible for monitoring and supervising the usage of Spark Tryouts Services by the minor. You may contact us to disable access at any time.
By creating an account, you agree that the Spark Tryouts Services may use your information according to the Privacy Policy.
Free trials or discounted subscriptions may be offerred from time to time. When the free trial period ends, your paid subscription begins unless you have canceled your service prior to the first billing date. To cancel your subscription, you must sign into your account and use the user profile page to cancel. Additionally, pricing and subscription plans may be changed from time to time at our sole discretion. Any price changes and changes to your subscription plan will take effect after providing notice to you, except as otherwise determined by this Agreement.
You may not resell or download the streams of any video content provided by Spark Tryouts Services. Downloading or reselling any video content provided by Spark Tryouts Services may be grounds for the suspension of services provided. Subject to the terms of this Agreement, you are granted the permission to use the Spark Tryouts Services for the purposes of viewing content for your personal entertainment. No content shall be rebroadcast or shared without the express written authorization of the rights holder.
You may not scrape, copy, redistribute, decompile, alter, reverse engineer, manipulate, interfere with, damage, or create derivative works from any part of Spark Tryouts Services. You may not attempt to circumvent any security, filtering, or digital rights management measures used on Spark Tryouts Services.
You acknowledge that the quality of the video content provided by Spark Tryouts Services may vary based on the device used, the internet connection, your location, and other factors that cannot be controlled by us. Not all content is available in all formats and quality standards. We cannot be held responsible for any data charges or other fees charged by your internet service provider or mobile phone or data provider for the use of data when watching video content provided by Spark Tryouts Services.
THE SPARK TRYOUTS SERVICES AND ASSOCIATED SOFTWARE AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. SPARK TRYOUTSCANNOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. WE EXPLICITLY DISCLAIM LIABILITY FOR THE USE OF ANY APPLICATIONS, DEVICES, AND SOFTWARE USED TO ACCESS THE SPARK TRYOUTS SERVICES, INCLUDING THEIR CONTINUING COMPATIBILITY WITH THE SERVICES.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL SPARK TRYOUTS, OR ITS SUBSIDIARIES, PARENT COMPANIES, OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
You agree that any claims relating to Spark Tryouts Services, including claims against any parent companies, subsidiaries, and affiliates, must be arbitrated and that by accepting this Agreement, you waive your right to trial by jury, and waive any right to proceed on a class basis in arbitration or otherwise. The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement, including any alleged breach thereof, or your use of Spark Tryouts Services shall by BINDING ARBITRATION by an administrator chosen by the operators of Spark Tryouts Services. All arbitration hearings must take place within the United States of America, in the state of California, New York, or Delaware. EACH PARTY WAIVES ITS RIGHT TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM SUBJECT TO ARBITRATION. The Federal Arbitration Agreement shall govern this Arbitration Agreement.
Spark Tryouts Services shall not be held liable for any failure or delay in performance of its obligations under this Agreement arising out of or caused by, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; epidemics; riots; power failures; computer failure; loss or malfunction or utility, transportation, computer hardware or software or telephone communication service; accidents; labor disputes; governmental actions; or inability to obtain labor, material, equipment, or transportation.
This Agreement sets forth the entire understanding between you and Spark Tryouts Services concerning your use of the services provided and supercedes all prior agreements regarding the same. This Agreement may only be modified by the administrators and officers of Spark Tryouts Services. Any changes will be posted on the official website and will apply prospectively.