Skip to main content

Terms of Service

Terms of Service – 3 Spark

Doing business with 3 Spark. Easy.

3 Spark is the home of Sponsor Spots, Melodi, and Harmoni. Welcome.

Last Updated May 20, 2025

These Terms of Service (“Terms”) constitute a legally binding agreement made between you personally or on behalf of an entity (“you”) and 3 Spark, (“company,” “we,” “us,” or “our”), concerning your access to and use of our website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Sites”). When we say “Services”, we mean our websites, including sparksparkspark.com, sponsor-spots.com, and any product created and maintained by 3 Spark. That includes Sponsor Spots, Melodi, Harmoni, Megaphone, all other current products, and those in development.

You agree that by accessing the Sites and Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then please discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the Sites from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms at any time and for any reason.

We will alert you about any changes by updating the “Last Updated” date of these Terms, and you waive any right to receive specific notice of each such change.

It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Sites after the date such revised Terms are posted.

The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Sites from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Sites are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Sites. If you are a minor, you must have your parent or guardian read and agree to these Terms prior to you using the Sites.

These Terms are organized into sections. Here are direct links to those sections:

  1. User Registration and Account Management
  2. Payments and Refunds
  3. Modifications to the Service and Prices
  4. Uptime, Security, and Privacy
  5. Copyright and Content Ownership
  6. Features and Bugs
  7. Site Management
  8. Privacy Policy
  9. Governing Law
  10. Disclaimer
  11. Limitations of Liability
  12. Indemnification
  13. Miscellaneous
  14. Contact

1. USER REGISTRATION AND ACCOUNT MANAGEMENT

  • You are responsible for maintaining the security of your account and password and for ensuring that any of your users do the same. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You may not use the Services for any restricted purpose, and you may not permit any of your users to do so, either. Restricted purposes include, but are not limited to: threats of violence; hate speech; child exploitation, sexualization, or abuse; harassment; malware or spyware distribution; phishing or attempting fraud; spamming; infringing on intellectual property.
  • You are responsible for all content posted to and activity that occurs under your account, including content posted by and activity of any users in your account.

2. PAYMENTS AND REFUNDS

  • For paid Services, you need to pay on schedule to keep using the Service. If you do not make payments for 120 days, we will lock your account and it will be inaccessible until you make past due payments. If your account has been locked for more than 60 days, we will cancel it.
  • All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.
  • Cancelling your account will stop future charges. Because we do not collect payments in advance, we do not issue refunds.

3. MODIFICATIONS TO THE SERVICE AND PRICES

Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.

Sometimes we may change the pricing structure for our products. When we do that, we expect to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves. If you do not wish to accept the price change or change to your Services, you can cancel your account before the change takes effect.

4. UPTIME, SECURITY, AND PRIVACY

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Services but do take uptime of our applications seriously.
  2. We take many measures to protect and secure your data through backups, redundancies, and encryption. We enforce encryption for data transmission from the public internet. Please refer to our contact page for how to report a security incident or threat.
  3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that 3 Spark may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
    • To help you with support requests you make. We’ll ask for express consent before accessing your account.
    • To safeguard 3 Spark. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
    • To the extent required by applicable law. As a U.S. company with all data infrastructure located in the U.S., we only preserve or share customer data if compelled by a U.S. government authority with a legally binding order or proper request under the Stored Communications Act, or in limited circumstances in the event of an emergency request. If a non-U.S. authority approaches 3 Spark for assistance, our default stance is to refuse unless the order has been approved by the U.S. government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If 3 Spark is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
  4. We may use third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
  5. Under the California Consumer Privacy Act (“CCPA”), 3 Spark is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms, the Privacy Policy, and other policies. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And, you agree to comply with your requirements under the CCPA and not use 3 Spark Services in a way that violates the regulations.

5. COPYRIGHT AND CONTENT OWNERSHIP

    1. All content posted on the Services must comply with U.S. copyright law.
    2. You give us a limited license to use the content posted by you and your users in order to provide the Services to you, but we claim no ownership rights over those materials. All materials you submit to the Services remain yours.
    3. We do not pre-screen content, but we reserve the right (but not the obligation) at our sole discretion to refuse or remove any content that is available via the Service.
    4. The Company or its licensors own all right, title, and interest in and to the Services, including all intellectual property rights therein, and you obtain no ownership rights in the Services as a result of your use. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logos or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind any permissions if you violate these Terms.
    5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission of the Company.

6. FEATURES AND BUGS

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, we make no guarantees that our Services will meet your specific requirements or expectations.

As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don’t guarantee completely error-free Services.

7. SITE MANAGEMENT

We reserve the right, but not the obligation, to:

(1) monitor the Sites for violations of these Terms;

(2) take appropriate legal action against anyone who, at our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities;

(3) otherwise manage the Sites in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

8. PRIVACY POLICY

We care about data privacy and security. We will not ever share any personal information of any site user, except as required by U.S. law. Please be advised the Sites are hosted in the United States.

If you access the Sites from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Sites, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

9. GOVERNING LAW

These Terms and your use of the Sites are governed by and construed in accordance with the laws of the State of Vermont and applicable to agreements made and to be entirely performed within the State of Vermont, without regard to its conflict of law principles.

10. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

11. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

12. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of: (1) use of the Site; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Sites with whom you connected via the Site.

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

13. MISCELLANEOUS

These Terms of Service and any policies or operating rules posted by us on the Sites or in respect to the Sites constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

14. CONTACT

If you have any questions regarding our Terms of Service, please contact us at:

3 Spark
PO Box 297
East Montpelier VT 05651

Email: team@sparksparkspark.com

Phone: (802) 229-2005