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SoundSpark Legal

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

Updated: November 1, 2022

NOTICE

BY USING THE SOUNDSPARK® SERVICES, INCLUDING THIS WEBSITE AND DERIVATIVES, YOU THE USER MANIFEST AND RECORD THAT YOU ACCEPT THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE IMMEDIATELY CEASE AND DESIST FROM INTERCOURSE WITH ALL SOUNDSPARK ENTERPRISES!
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 JEREMY C. SOUTHGATE, born 1990 at Boston, Massachusetts, in the United States of America, for producing Music, Design, and Invention for the Progress of Science and useful Arts, throughout the Universe. This Individual's Sole Proprietorship, representing and including its sub-licensees where indicated, is the sole provider of the SOUNDSPARK goods and services: He has the sole Right to sue and be sued as the SOUNDSPARK Proprietorship in any appropriate Court of Law and/or Equity.

II. Amendments to Terms.

SOUNDSPARK MAY AMEND THESE TERMS AT-WILL. Terms are presumptively effective after publication of the terms and provision of service to the User, and the terms are indisputably effective after the stated day of publication's next midnight plus 24 hours.

III. Jurisdiction and Venue.
1. Declaration of Participation in National Commerce.

SoundSpark declares that it intends to be an interstate brand and to do business throughout all of U.S. national commerce.

2. General Home Jurisdiction as to SoundSpark.

SoundSpark currently exists as a National Citizen of the United States of America: formed, incorporated, and principally a Citizen of the Commonwealth of Massachusetts, and now also having a principal place of business in the State of New Hampshire. SoundSpark is also a dually a National Citizen of the Bundesrepublik Deutschland (The Federal Republic of Germany), for purposes of European Union legal compliance. Process may be served personally to the SoundSpark Proprietor and Chief Executive Officer (CEO) Jeremy C. Southgate wherever he may be doing business, at the addresses registered with the respective Secretaries of State of the above jurisdictions, according to law.

3. Specific Jurisdiction and Venue for Disputes.

By voluntarily accessing and continuing to access the SoundSpark services, you the User acknowledge that any of 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. SoundSpark relies on this convenience as consideration for providing the services.

NOTICE HERE: BY REASON OF REPEAT USE OF THIS WEBSITE, YOU MAY BE SUBJECTED TO A LAWSUIT IN A SOUNDSPARK HOME FORUM IN THE EVENT OF A GENUINE LEGAL DISPUTE. YOU SPECIFICALLY HAVE WAIVED ALL OBJECTIONS TO THE SOUNDSPARK CHOICE OF FORUM AS AN APPROPRIATE VENUE, HAVING JURISDICTION FOR ANY DISPUTE RESOLUTION.

IV. Warranty. SOUNDSPARK PROVIDES ALL SERVICES "AS IS" AND "AT WILL." 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 expressly prohibited by law.
V. Privacy.

This PRIVACY NOTICE & POLICY is incorporated herein.

VI. Intellectual Property
A. Statement on Intellectual 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. Please contact SoundSpark with any questions or concerns. SoundSpark wishes for good faith and mutually-beneficial outcomes.

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 the SoundSpark Proprietorship's rights, and alteration of this list does not indicate abandonment of any rights.

i. The SoundSpark Brand: Trademark & Copyright.

Since November 22, 2011, SoundSpark distinguishes itself by a ✸ SPARK™ brand (conveyed by an original and intentionally-inspiring graphic: the Sound Spark Studios logo). PLEASE — DO NOT ATTEMPT TO DILUTE THIS ORIGINAL BRAND. ALL RIGHTS AND REMEDIES ARE RESERVED. Descriptively, you may seek your "spark" in life, to spark your business, but the Sound Spark Studios / SoundSpark / ✸ SPARK™ Brand is often-imitated but never-duplicated in commerce.

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

Because this brand is also integral to an orginal expression of authorship, taken as a whole, the brand and its derivative expressions are also claimed subject to copyright protection, in the United States of America, where first published, and in other countries as provided by treaty. See, e.g., soundsparkstudios.com.

If you wish to become an investor in SoundSpark, please e-mail the founder jeremy@soundspark.com with "#investor" in the subject-line. The founder owns 100% equity. The founder is prepared to incorporate SoundSpark Inc. in Delaware, subject only to licensure and trust interests of the founder in Massachusetts and New Hampshire.

ii. 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
"SOUNDSPARK" No. 6,837,616
"SOUNDSPARK" No. 6,573,668

iii. 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

iv. U.S. Patent Registrations.

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

v. 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℠
Spark Music Discovery℠
Spark Food Discovery℠
Spark Science Discovery℠
SOUND SPARK℠ or SOUNDSPARK℠
SOUNDSPARK DESIGN℠
SOUND SPARK STUDIOS AWARDS℠ or SPARK AWARDS℠
SOUND GEAR℠
SOUND STREAM℠
PORTUS℠
It's all about Great Music.℠
Spark. SoundSpark. Sound Spark Studios.℠

VII. Contact.

Questions or concerns may be communicated to legal@soundspark.com. This is not consent to electronic service of process.

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.