Last Modified: October 2022
Use and Consent
Please read these Terms of Use for Online Membership (hereinafter “Terms of Use”) carefully and in their entirety before purchasing The Lighthouse Membership Program from Spark Creativity LLC.
These Terms of Use are entered into by and between Spark Creativity LLC (hereinafter “we,” “our,” “us”) and you.
Your purchase of The Lighthouse Membership Program constitutes your voluntary acceptance to be bound by these Terms of Use, whether you have read them or have had the opportunity to read them and have chosen not to.
Privacy Policy
We respect your privacy and permit you to control the treatment of your personal information. Please read our Privacy Policy here.
Order Confirmation and Payment Details
We will email you to confirm the placement of your order and with details concerning The Lighthouse Membership Program.
In the event there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
Recurring Payments
The Lighthouse Membership Program is an ongoing and recurring subscription. The credit card information you provide at time of check out will be charged in accordance with the membership type that you purchase. All charges are in USD.
The Lighthouse Membership program offers the following membership types: monthly and annual recurring memberships.
Monthly Membership: A monthly membership is valid for 30 days from the date you join The Lighthouse Membership Program (your anniversary date). You credit card will be charged each month on your anniversary date until such time as your membership is terminated by you or us.
Annual Membership: An annual membership is valid for 365 days from the date you join The Lighthouse Membership Program (your anniversary date). Your credit card will be charged each year on your anniversary date until such time as your membership is terminated by you or us.
We do not offer a month-to-month membership (the purchase of one month at a time).
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf. You understand and agree that your failure to pay any outstanding balance due does not cancel your obligation to pay said amount (including any surcharge for any failed payment), whether or not you remain an active member.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access to The Lighthouse Membership Program thereby terminating these Terms of Use and all obligations of ours hereunder.
If you have reason to believe that your The Lighthouse Membership Program account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your ID, password, or any credit, debit, or charge card number stored), notify us of the problem to avoid possible liability for any unauthorized charges to your account.
It is your responsibility to notify us if your credit card has changed or has expired and to make appropriate changes or your access and account may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for The Lighthouse Membership Program may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase of The Lighthouse Membership Program or by your dealings with our third-party payment processing providers.
Refunds
If you are not 100% satisfied with your purchase of The Lighthouse Membership Program you have 30 calendar days from the date the initial fee was charged for The Lighthouse Membership Program to request a refund.
You may request a refund by notifying us in writing via email at: betsy@nowsparkcreativity.com.
Upon determining that you are entitled to a refund pursuant to these Terms of Use, we will promptly issue an instruction to our third-party payment processor to issue the refund. We do not control our third-party payment processor and will not be able to expedite refunds.
We will not provide refunds more than 30 calendar days from the date of purchase. After that timeframe, all payments are non-refundable.
If you receive a refund for The Lighthouse Membership Program, said refund shall immediately terminate any and all licenses granted to you pursuant to these Terms of Use. You shall immediately cease using The Lighthouse Membership Program and destroy all copies of any membership materials in your possession, custody, or control.
If you pay by credit card, and seek a refund of funds, your refund will be reduced by any applicable credit card charges that are assessed against us. Credit card charges are estimated and will be charged based on what we are charged by the credit card processor.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination of Membership
Your membership is effective until such time as it is terminated by either you or us.
You have the right to terminate your membership at any time for any reason.
[a] You may terminate your membership by notifying us in writing via email at: betsy@nowsparkcreativity.com by sending the following pre-formatted termination email message from the email you used to purchase your membership:
I would appreciate you canceling my Lighthouse Membership Program membership effective immediately.
[b] You may terminate your membership by accessing The “Support and Community” section of The Lighthouse, and following the instructions given in the “Helpdesk” area.
Upon the termination of your membership, you shall stop representing yourself as a member of The Lighthouse Membership Program.
Passwords
Certain features of The Lighthouse Membership Program require the creation of a username and password. You are responsible for keeping your username and password confidential. We ask that you not share your username or password with anyone. We cannot and will not be liable for any loss or damage arising from your failure to protect your username or password.
You agree to notify us immediately of any unauthorized use of your username or password or any other breach of security.
Intellectual Property Protection and Personal Use
The materials contained in The Lighthouse Membership Program, including, but not limited to, videos, photos, graphics, designs, and other files, are the proprietary property of Creativity LLC by United States intellectual property rights.
We grant you a limited non-exclusive non-transferable license to download, view, copy, and/or print portions of The Lighthouse Membership Program solely for your personal, non-commercial use.
You may not share the cost of The Lighthouse Membership Program or the membership itself with any third party except the school where you work. You may not share your login credentials for The Lighthouse Membership Program with any third party for any reason. You may not sell or transfer your The Lighthouse Membership Program membership or any of the content and/or materials contained therein to any third party. The rights granted to you constitute a license and not a transfer of title.
Any other use of the materials in The Lighthouse Membership Program, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use the contents of and materials in The Lighthouse Membership Program to create a competing membership, product, or service.
Nothing contained in The Lighthouse Membership Program should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by The Lighthouse Membership Program or by any third party.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on The Lighthouse Membership Program], except as expressly authorized herein.
You agree that you will not use The Lighthouse Membership Program in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
The Lighthouse Facebook Community
The Lighthouse Facebook Community access is only guaranteed for active The Lighthouse Membership Program members. Upon termination of your membership for any reason, you may be removed from the Facebook Community.
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our Facebook Community(“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
User Limitations
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
- Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
- Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
- Advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to use The Lighthouse Membership Program for lawful purposes only and agree not to violate or attempt to violate any security features of The Lighthouse Online Membership Site including, but not limited to:
- Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
- Attempting to probe, scan, or test the vulnerability of The Lighthouse Online or any associated system or network, or to breach security or authentication measures without proper authentication;
- Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to The Lighthouse Online overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
- Using The Lighthouse Online to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
- Forging any TCP/IP packet header or any part of the header information in any email or in any posting to the Lighthouse Online; or
- Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing The Lighthouse Online.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
No Warranty or Liability
The information provided in The Lighthouse Membership Program is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of The Lighthouse Membership Program or for any errors or omissions in its materials or contents.
The use of or the downloading of any materials The Lighthouse Membership Program]is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from in The Lighthouse Membership Program or in connection with any materials offered through in The Lighthouse Membership Program
THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.
YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Spark Creativity LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO The Lighthouse Membership ProgramOR ITS CONTENT; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH The Lighthouse Membership Program ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.
SPARK CREATIVITY LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THESE TERMS OF USE SHALL NOT EXCEED $100 USD.
We expressly exclude any liability to the fullest extent of the law.
By purchasing The Lighthouse Membership Program ,you agree to this limitation of liability and release SPARK CREATIVITY LLC from any and all claims.
Indemnification
You agree at all times to defend, hold harmless, and indemnify The Lighthouse Membership Program and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of The Lighthouse Membership Program as well as any third party claims of any kind arising from your actions in relation to The Lighthouse Membership Program (including any content you submit, post to, or transmit through the Lighthouse Facebook Community.
Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, in The Lighthouse Membership Program not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with The Lighthouse Membership Program You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by us. If you use those links, you leave The Lighthouse Membership Program.
You agree we are not responsible for the content, availability, or accuracy of other websites that may be linked to The Lighthouse Membership Program .We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that we are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from ours. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
- To You: We may provide any notice to you under these Terms of Use by sending a message to the email address you provide. It is your responsibility to keep your email address current.
b. To Us: You may provide any notice to us under these Terms of Use by sending a message to betsy@nowsparkcreativity.com.
Notices sent by email will be effective upon the sender’s receipt of an acknowledgment from the intended recipient (such as by the “return receipt requested” function, as available, return email, or other written acknowledgment); provided that if such notice is not sent during the normal business hours of the recipient, such notice shall be deemed to have been sent at the opening of business on the next business day for the recipient.
Amendments
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time and it is your responsibility to review these Terms of Use for any changes.
Such amendments are effective immediately upon us posting the revised Terms of Use to The Lighthouse Online and sending a message to the email address you provide in accordance with the procedure outlined in the Notices section herein.
No Assignment
These Terms of Use are not assignable, delegable, sublicensable, or otherwise transferable by you. Any assignment, delegation, sublicense, or transfer by you is null and void.
Waivers
No failure to exercise and no delay in exercising any right, remedy, or power under these Terms of Use shall operate as a waiver thereof.
Dispute Resolution and Jurisdiction
These Terms of Use shall be governed and construed according to the laws of the State of Minnesota without regard to conflict of law principles. Hennepin County shall have exclusive jurisdiction over any case or controversy arising from The Lighthouse Membership Program .
By purchasing The Lighthouse Membership Program ,you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.
In the event that The Lighthouse Membership Program must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.
Severability
If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: betsy@nowsparkcreativity.com.