Updated: May 2021
Center for Applied Research and Engagement Systems (“CARES”)
University of Missouri Extension
100 Gentry Hall
Columbia, MO 65211
Compliance with Law
Users of the Services shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of Warranties and Limitation of Liability
The content provided on the Services is presented as a courtesy to be used only for informational purposes and is not represented to be error free. CARES and the University of Missouri make no representations or warranties of any kind with respect to the Services, such representations and warranties being expressly disclaimed. CARES and the University of Missouri do not warrant that the Services or the server(s) that make the Services available are free of viruses or other harmful components. Moreover, CARES and the University of Missouri do not represent or warrant that the content of the Services is accurate, complete or current for any specific or particular purpose or application. The Services are not intended to provide, nor should anyone consider that the Services provide, medical, legal, accounting, tax or other advice.
In no event will CARES and the University of Missouri or any of their officers, trustees, employees, agents, affiliates, contractors, or successors and assigns (collectively, “Representatives”) be liable for any damages-whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise-that might result from any use of or reliance on materials or links made available on or through the Services.
Except as may be otherwise indicated within the Services: (1) you are authorized to view, print, and download the Content for personal, informational and noncommercial purposes only; and (2) you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any of the Content or the information contained therein. You will not remove any copyright, trademark or other proprietary notices from the Content. Permission for any other use of the Content must be obtained from CARES in writing.
In using Content in accordance with these Terms of Service, you may not (1) state or imply that CARES is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with CARES or any of the events, products or services that CARES provides unless that relationship is the subject of a written agreement that has been signed by the University of Missouri. You will not access any Content of the Services through any technology or means other than the pages of the website itself, the Widgets (as defined below) or such other explicitly authorized means as CARES may designate. See “Access and Interference” below.
All trademarks, service marks and trade names of SparkMap used in the Services (including, but not limited to SparkMap, CARES and the University of Missouri names logos) (collectively, the “Marks”) are trademarks or registered trademarks of CARES or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without CARES and the University of Missouri’s prior written consent. The use of the Marks on any other web site or networked computer environment is not allowed.
Services and Submissions
Through SparkMap, we will offer services, which may include, among other things, data sharing services, online communities, and other services. The use of these services is subject to these Terms of Service and any additional provisions that may be specified as a condition to using the services.
All users of services agree to act responsibly. CARES and the University of Missouri do not control the content posted through and, as such, does not guarantee the accuracy, integrity, quality or availability of such content. Although we do not censor the content being posted, we reserve the right to not post, or to remove after its posting, any content which in our sole discretion we deem to violate the Terms of Service. Such content may be removed immediately and without prior notice, and further postings by the individual may be blocked. Use of the Services is subject to these rules:
- You are solely responsible for the content you submit or post, the consequences of posting content, and the consequences of any reliance by you on content posted by third parties.
- Content that you provide to SparkMap that is covered by intellectual property rights, you grant CARES and the University of Missouri a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, in any form now existing or hereafter discovered, any content that you post on or in connection with the Services.
CARES is not required to treat any content posted or submitted as confidential.
If you believe that any content on the websites infringes your copyright and you want the content removed from the website, please send a detailed message to email@example.com:
Center for Applied Research and Engagement Systems
100 Gentry Hall
Columbia, MO 65211
Digital Millennium Copyright Act
Under the Digital Millennium Copyright Act, the following information must be included in the message to us:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- 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.
- 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.
To the extent that CARES makes available to you (or otherwise) “widgets” to obtain access to Content from the Services (collectively, the “Widgets”), you agree as a condition to accessing and using such items that you will not use the Widgets for any commercial use, without the prior written consent of CARES and the University of Missouri. Prohibited commercial uses include, but are not limited to, any of the following actions: sale of access to the Services on another web site and use of the Services for the purpose of gaining advertising or subscription revenue.
Member Account, Password and Security
Some of the services may require that you create/receive a password and account designation. See “Registration” below. You are responsible for maintaining the confidentiality of any such password and account, and are fully responsible for all activities that occur under your password or account. If you allow third parties to access your username and password, you will defend and indemnify CARES and the University of Missouri from and against any liability, costs or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify SparkMap as set forth above of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.
Unlawful or Prohibited Use
As a condition of your use of SparkMap, you will not use the site for any purpose that is unlawful or prohibited by these Terms of Service or is otherwise prohibited under applicable law. You may not use the site in any manner that could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not attempt to gain unauthorized access to any services.
Guidelines. Be respectful of others — do not post or send:
- Content or communications that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Content or communications that falsely state or otherwise misrepresent your identity, affiliation with SparkMap, CARES, the University of Missouri, or any person or other entity;
- Confidential business or personal information, or content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
- Content or communications that make available unsolicited or unauthorized advertising, promotional materials, sweepstakes, junk mail, spam, chain letters, pyramid schemes, or any similar form of solicitation;
- Content or communications that are fraudulent, false, inaccurate or misleading;
- Content or communications that violate any law, ordinance or regulation; that promotes illegal activities; that is harmful to minors; or
- Links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
No Lobbying or Election Activities
CARES will operate within applicable laws and codes regarding influencing the outcome of elections for public office or lobbying activity. Accordingly, these types of content and communications are prohibited within SparkMap:
Access and Interference
You agree not to circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content or enforce limitations on use of the site or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the site automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the site.
You agree to indemnify, defend and hold harmless CARES and the University of Missouri from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the site, any assistance or services provided by us, any alleged unauthorized use of the site by you, or any breach or alleged breach by you of these Terms of Service. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms of Service.
We take all reasonable measures to ensure the provided services are available 24 hours a day, 365 days per year. However, SparkMap may not be available due to causes beyond our control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telecommunications or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and therefore will not be liable if the website is unavailable. The subscription services may also be temporarily unavailable due to development, maintenance or repair. Where reasonably possible we will provide subscribers advance warning of maintenance issues but shall not be obliged to do so.
In the event that you have a dispute with one or more other users of the site, you release CARES and the University of Missouri from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law and Jurisdiction
The site is controlled and operated from the CARES office in the State Missouri. By accessing and using the site, you agree to be bound by the Terms of Service of this agreement which is governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any conflict of laws principles. All activity occurring in connection with the site or services (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of Missouri.
In connection with any suit, action or proceeding arising from or relating to these Terms of Service, you consent to the jurisdiction of the federal and state courts within the State of Missouri.
Electronic Communications; Binding and Entire Agreement
If any of these Terms of Service is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms of Service will be enforceable to the fullest extent permitted by law.
If CARES or the University of Missouri fails to enforce these Terms of Service in every instance in which they might apply is not a waiver of any of CARES and the University of Missouri rights, and CARES and the University of Missouri reserve their rights to take all legal steps available to enforce these Terms of Service.
We reserve the right to terminate the services, access to the services and/or these Terms of Service at any time without notice for any reason, including, in the case of these Terms of Service, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms of Service shall survive any such termination.
If you want to remove your account or have your account removed at any point you can do so by contacting us at firstname.lastname@example.org.
CARES created SparkMap, which includes the website and related products, services and websites (collectively, the “Services”), to connect and support those working to change policies and environments to improve the health and vitality of people, place and planet.
Center for Applied Research and Engagement Systems
100 Gentry Hall
Columbia, MO 65211
Who Should Use the Services?
The Services are not directed at, or marketed to, or intended for users under 13 years of age. We do not knowingly or intentionally collect any information from children under 13 years of age. If we learn that any information was provided to SparkMap through any of the Services by a user younger than 13 years of age, we will delete the information immediately.
Information We Collect About You and How We Use It
In order to provide a full range of Services in support of the mission of SparkMap, we may collect the following types of information about you:
- Information you provide – When you sign up to use a Service that requires registration, we ask you for personal information (such as your name, e-mail address, postal address, etc.). We may combine the information you provide to us with information that we obtain about you through other services or third parties; we do this to provide you with a better experience and to improve the quality of SparkMap and the Services. For certain of the Services, we may give you the opportunity to opt out of combining such information about you.
- Service-related communications – When you sign up to use a Service that requires registration, we may send you email communications about that Service. We may use this information to email you about your account, request feedback, deliver targeted information about the Service to you, notify you of other products and Services within SparkMap/CARES, and perform other business activities as necessary.
- Log information – When you visit a website offered as part of the Services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser. We use this information to improve the quality of SparkMap and the Services.
- User communications – When you send e-mail or other communications to us, we may retain those communications in order to process your inquiries, respond to your requests and improve SparkMap and the Services.
- Location data – SparkMap may offer location-enabled services as part of the Services. If you use those Services, SparkMap may receive information about your actual location (such as GPS signals sent by a mobile device) or information that can be used to approximate a location (such as a cell ID).
- Links – The Services may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of the Services.
- Providing our Services and displaying customized content;
- Auditing, research and analysis in order to maintain, protect and improve SparkMap and the Services;
- Ensuring the technical functioning of SparkMap;
- Protecting the rights or property of SparkMap or our users; and
- Developing new Services.
You can find more information about how we process personal information by referring to the supplementary privacy notices that may be issued for particular Services.
The services contained in this section enable CARES to monitor and analyze web traffic and can be used to keep track of User behavior.
Google Analytics (Google Inc.)
Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services.
Google may use the Data collected to contextualize and personalize the ads of its own advertising network.
HubSpot is a customer relationship management service we use to manage information about and communications with our Users.
Personal Data collected: Cookie and Usage data
Consistent with the mission of SparkMap, we will share your personal information with other parties and individuals in the following circumstances:
- Contact from tools and services that can send information
- We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against harm to the rights, property or safety of SparkMap, its users or the public as required or permitted by law.
We also may share with third parties certain pieces of aggregated, non-personal information. Such information does not identify you individually.
Please contact us as noted above for any additional questions about the management or use of personal data.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
Right to Opt-in/Opt-out
When you sign up for a particular Service that requires registration, we ask you to provide personal information. We may combine the information you provide to us with information that we obtain about you through other services or third parties; we do this to provide you with a better experience and to improve the quality of SparkMap and the Services. For certain of the Services, we may give you the opportunity to opt out of combining such information about you. You also can decline to submit personal information to any of our Services or to subsequently opt-out, in which instances we may not be able to provide those Services to you.
Accessing and Updating Personal Information
When you use the Services, we make good faith efforts to provide you with access to your personal information and for you to be able either to correct this data if it is inaccurate or to delete such data. Some of our Services may have different procedures to access, correct or delete users’ personal information. We will provide the details for these procedures in the specific privacy notices or FAQs for those Services. If you choose to delete personal information, we may not be able to provide the Services to you.
You must be older than 13 years to use this site. The Services are not directed at, or marketed to, or intended for users under 13 years of age. We do not knowingly or intentionally collect any information from children under 13 years of age. If we learn that any information was provided to SparkMap through any of the Services by a user younger than 13 years of age, we will delete the information immediately.