Terms of Use

Please read the following important legal information before accessing or using this website (“TheSpark.com”). The use of this website by a user (“User” or “you”) constitutes an agreement (the “Agreement”) to abide by the terms and conditions below, just as if you had signed this Agreement.

We may revise this Agreement from time to time by updating this posting.

  1. The Service
  2. TheSpark.com is an online content service (the “Service”) provided by SparkNotes LLC (“SparkNotes” or “we”).

  3. Licenses and Restrictions
  4. SparkNotes grants User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with SparkNotes) of the contents of TheSpark.com Site (“Content”).

    The foregoing licenses do not include any rights to:

    • modify, download (other than page caching), reproduce, copy, or resell TheSpark.com Site, the Content or any portion or derivative thereof;
    • commercially use the TheSpark.com Site, the Content or any portion derivative thereof (unless User has a business relationship with SparkNotes );
    • enable high volume, automated, electronic processes that apply to TheSpark.com Site or its systems, the Content or any portion or derivative thereof;
    • use any robot, spider, data miner, crawler, scraper or other automated means to access or index TheSpark.com Site or its systems, the Content or any portion or derivative thereof for any purpose;
    • interfere or attempt to interfere with the proper working of TheSpark.com Site;
    • bypass any TheSpark.com measures used to prevent or restrict access to any portion of the TheSpark.com Site, the Content or any portion or derivative thereof;
    • frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TheSpark.com Site;
    • use TheSpark.com name, trademarks, services marks or logos in any meta tags or any other “hidden text”; or
    • compile, repackage, disseminate or otherwise use data extracted from the TheSpark.com Site.

    The foregoing is expressly prohibited; the right to do any of the foregoing shall require SparkNotes’ express written consent (which may include a written agreement signed by an authorized representative of SparkNotes ). Any unauthorized use of TheSpark.com Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by SparkNotes.

  5. Certain Requirements of User
  6. You must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Web; and (2) provide for your own connection to the Web and pay any telephone service fees associated with such connection.

  7. Disclaimer of Warranties; Limitation of Liability
  8. The Spark.com and SparkNotes do not endorse content, nor warrant the accuracy, completeness, correctness, timeliness or usefulness of any opinions, advice, content, services, or merchandise provided through the Service or on the Internet generally. Any details as to products, including product descriptions, benefits, quality and performance are provided by the supplier or manufacturer of the product and are reproduced for the convenience of our users. This information is not verified or substantiated by The Spark.com or SparkNotes and The Spark.com and SparkNotes are not responsible for any inaccuracies or omissions.

    YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE AND PRODUCTS AND SERVICES PROVIDED THROUGH OR IN CONNECTION WITH IT, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. SPARKNOTES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPARKNOTES MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES SPARKNOTES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. YOU SPECIFICALLY ACKNOWLEDGE THAT SPARKNOTES IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. SPARKNOTES MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SPARKNOTES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

    NEITHER SPARKNOTES NOR ANY OF ITS PARTNERS, AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.

  9. Indemnification
  10. You agree to indemnify and hold SparkNotes, its parent, subsidiaries, affiliates, officers, agents, employees, partners, licensors and content partners harmless from any dispute which may arise from a breach of terms of this Agreement. You agree to hold SparkNotes harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to your violation of this Agreement.

    User agrees to indemnify and hold SparkNotes, its parent, subsidiaries, affiliates, officers, agents, employees, partners, licensors , agents, affiliates and content partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of such User’s use, or submission, as applicable, of TheSpark.com Site, any User Created Content (as that term is defined in Section K below) submitted by User, breach of the Terms of Use or User’s violation of any law or the rights of a third party.

  11. Ownership Rights
  12. The materials provided on the Service may be downloaded or reprinted for personal use only. You acknowledge that the Service contains information, software, photos, video, graphics, music, sounds or other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and SparkNotes owns a copyright in the selection, coordination, arrangement and enhancement of such Content. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. You may not upload, post, reproduce or distribute Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. SparkNotes or its affiliates, or third parties from whom SparkNotes has permission, own the trademarks or service marks that are used on TheSpark.com website. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of SparkNotes and its licensors may not be used without prior written consent of SparkNotes or its licensor, as the case may be. Without limiting the foregoing, no SparkNotes trademark or trade dress may be used in connection with any product or service that is not SparkNotes’, in any manner that is likely to cause confusion among Users or in any manner that disparages or discredits SparkNotes and/or TheSpark.com. Other products, brands, company names and the like are trademarks of their respective owners.

  13. No Copying or Distribution
  14. You may not reproduce, copy or redistribute the design or layout of this website, individual elements of the web site design, The Spark.com and/or SparkNotes logos or other logos appearing on this website, without the express written permission of SparkNotes LLC. Reproduction, copying or redistribution for commercial purposes of any materials or design elements on TheSpark.com website is strictly prohibited without the express written permission of SparkNotes LLC. Images and descriptions of products may be supplied to us by third parties, who reserve all rights in those materials.

  15. Governing Law
  16. By accessing this website both you and SparkNotes agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this website. SparkNotes makes no representation that materials on this website are appropriate or available for use in other locations, and accessing them from territories where its contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with applicable laws.

  17. Viral Features
  18. There may be portions of TheSpark.com Site, content, functionality or features (e.g., digital streaming media player(s)) (“Viral Features”) that we make available to Users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit TheSpark.com Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of these Terms of Use and our Privacy Policy.

  19. Contests, Sweepstakes, Auctions and Promotions
  20. From time to time, SparkNotes or TheSpark.com Site’s operational service providers, suppliers, and advertisers, may conduct promotions on or through TheSpark.com Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have additional terms and conditions and/or rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of these Terms of Use. All contests that are held on TheSpark.com Site are limited to persons above a certain age. Accordingly, we may ask each contestant to provide year of birth, as well as name, address, and email address. Please refer to the specific age requirements for each contest as rules may vary from contest to contest.

  21. Certain Products and Services
    1. RSS Feeds
    2. TheSpark.com Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“RSS Content”) from TheSpark.com Site that is provided over the Internet using an XML feed. Certain RSS Feeds may include as part of the RSS Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a User’s computer or transferred to a portable listening device. RSS Certain software and hardware is required for Users to download and view and/or play Content through RSS Feeds.

      RSS Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the RSS Content are reserved to SparkNotes or the content provider. RSS Content is available for personal, noncommercial use only and you may download, copy and/or transfer to a portable listening or viewing device or a computer the RSS Feeds and associated RSS Content for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any RSS Content except as expressly authorized in this Section O.

      By your access to and use of RSS Feeds, you understand, acknowledge and agree that SparkNotes does not warrant that its RSS Feeds will operate on all User equipment. Please see the “Disclaimer of Warranties; Limitation of Liability” section above for further details.

    3. Mobile Applications
    4. If TheSpark.com offers products and services through applications available on your wireless or other mobile device (such as a mobile phone) (the “Mobile Application Services”), these Mobile Application Services are governed by the additional terms and conditions governing the applicable Mobile Application Service. We do not charge for these Mobile Application Services unless otherwise provided in the applicable Additional Terms. However, your wireless carrier’s standard messaging rates and other messaging, data and other rates and charges will apply to certain Mobile Application Services. You should check with your carrier to find out what plans your carrier offers and how much the plans cost. In addition, the use or availability of certain Mobile Application Services may be prohibited or restricted by your wireless carrier, and not all Mobile Application Services may work with all wireless carriers or devices. Therefore, you should check with your wireless carrier to find out if the Mobile Application Services are available for your wireless device, and what restrictions, if any, may be applicable to your use of such Mobile Application Services. If you change or deactivate your wireless telephone number, you agree to promptly update your Mobile Application Services account information to ensure that your messages are not sent to the person that subsequently acquires your old number.

      Under no circumstances will TheSpark.com and/or SparkNotes be responsible for any wireless email, text messaging or other charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) using any Mobile Application Services.

  22. Hyperlinks to Third Party Sites
  23. TheSpark.com Site may contain hyperlinks to other web sites (“Other Sites”). If you use the hyperlinks to access these Other Sites, you will leave TheSpark.com Site and your browser will be re-directed to the Other Sites. The Other Sites may have their own terms of service and privacy policy and those Other Sites may have different practices and requirements than TheSpark.com Site. The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on TheSpark.com Site or any other form of link or re-direction of your connection to, with or through TheSpark.com Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of SparkNotes , any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, or operational service providers. We do not verify, endorse or have any responsibility for any such third party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether SparkNotes ’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. TheSpark.com Site is only providing these links to you as a convenience. If any third party site obtains or collects personal information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how SparkNotes collects and uses your personal information and co-branding relationships.

  24. Our Linking Policy
  25. Any web site that links to TheSpark.com Site: (a) must not frame or create a browser or border environment around any of the Content of TheSpark.com Site; (b) may link to, but not replicate, the Content; (c) must not imply that SparkNotes or TheSpark.com Site are endorsing or sponsoring it or its products, unless SparkNotes has given its prior written consent; (d) must not present false information about SparkNotes and/or TheSpark.com or its products or services; (e) must not use any SparkNotes trademarks without the prior written permission from SparkNotes ; and (f) must not contain content that could be construed as distasteful, offensive or controversial. By linking to any of TheSpark.com Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms of Use, we reserve the right to deny permission to link to TheSpark.com Site for any reason in our sole and absolute discretion.

  26. Termination of Your Use
  27. Your use of TheSpark.com is subject to all applicable local, state, national and international laws and regulations. SparkNotes retains the right, at SparkNotes’ sole discretion, to determine whether or not your conduct is consistent with this Agreement and SparkNotes’ operating rules or policies and may terminate your access to and use of the Service if your conduct is found to be inconsistent with this Agreement, such rules or policies. We may terminate your use of TheSpark.com Site, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.

  28. Age of Users
  29. Individuals under the age of 18 (“Minors”) are not permitted to use TheSpark.com Site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on any of TheSpark.com Site, we will remove that information as soon as possible.

  30. Dispute Resolution
  31. Any claim or controversy at law or equity that relate to or arise out of the Terms of Use, TheSpark.com Site or any TheSpark.com Service (each a “Claim”), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in the United States District Court for the Southern District of New York, or any other court having jurisdiction thereof.

    Alternatively, at SparkNotes’ sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in New York County, New York. You hereby expressly submit to the personal jurisdiction of the Superior Court of New York, and of the United States District Court for the Southern District of New York.

    Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.

    You are solely responsible for your interactions with other Users. SparkNotes reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.

    Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms of Use. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

  32. Severability
  33. The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of SparkNotes to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

  34. Digital Millennium Copyright Act
  35. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by TheSpark, including User Created Content, infringe your copyright, you (or your agent) may send SparkNotes a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow SparkNotes to locate the material on TheSpark.com Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send SparkNotes a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Copyright Agent, Barnes & Noble Booksellers, Inc. Legal Department, 122 Fifth Avenue, New York, New York 10011, at DMCANOTICE@Barnesandnoble.com. SparkNotes suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

  36. Additional Terms of Use
  37. In addition to the policies and guidelines located throughout TheSpark.com Site, the following policies are incorporated into the Terms of Use:

    Copyright Policy: http://www.barnesandnoble.com/include/copyright.asp

    Privacy Policy: http://www.TheSpark.com/legal/privacy.html

  38. Acknowledgment
  39. The Terms of Use, including all documents referenced herein, represents the entire understanding between User and SparkNotes regarding User’s relationship with SparkNotes and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. “Including” means “including, without limitation.”

  40. Modification
  41. SparkNotes reserves the right to make changes to TheSpark.com Site, posted policies and Terms of Use at any time without notice or liability.

    If you have any questions about this statement, the practices of this site, or your dealings with this website, you may contact

    SparkNotes LLC
    122 5th Ave.
    New York, NY 10011

    Email Us
    Read our Privacy Policy