Last Updated: August 31, 2020
TABLE OF CONTENT:
- General Terms – All Users
- Supplemental Terms – App Stores
- Supplemental Terms – Jurisdiction-Specific
General Terms – All Users
1. Your Relationship with Us
Welcome to Sparkbuz mobile application (the”Platform”).
You are reading the terms of service (the “Terms” ) which govern the relationship and serve as an agreement between you and us for your access to and use of our website, services, applications, products and content (that include but are not limited to the Platform) (collectively, the “Services”). The Services are provided or controlled by Glorywings Global Enterprises Inc. (“Sparkbuz”, “we” or “us”), a North Carolina Corporation registered in the United States of America. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully.
2. Accepting the Terms
If you access or use the Services from within a jurisdiction for which there are separate supplemental terms, you also hereby agree to the supplemental terms applicable to users in each jurisdiction as outlined in the relevant “Supplemental Terms – Jurisdiction-Specific” section below. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited. If you do not agree to these Terms, you must not access or use our Services. If you are accessing or using the Services on behalf of a business or entity, then:
- “you” and “your” includes you and that business or entity;
- you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf;
- your business or entity is legally and financially responsible for your access to and use of the Services as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
You accept the Terms by accessing or using our Services. You understand and agree that we will treat your access to or use of the Services as acceptance of the Terms from that point onwards. You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will generally notify all users of any material changes to these Terms through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at email@example.com
You agree that you are solely responsible (to us and to other users of our Services) for the activity that occurs under your account.
We reserve the right to disable your user account at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
- Access or use the Services if you are not fully able and legally competent to agree to these Terms;
- Modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the Platform or any derivative works thereof;
- Distribute, license, transfer or sell, in whole or in part, any of the Services or any derivative works thereof;
- Market, rent or lease the Services for a fee or charge;
- Interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
- Incorporate the Platform or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
- Use automated scripts to collect information from or otherwise interact with the Services;
- Impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
- Intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Use or attempt to use another’s account, service or system without authorization from Sparkbuz, or create a false identity on the Services;
- Use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting shill reviews;
- Send, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content):
- •Files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- •Any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation;
- •Any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
- •Any content which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person;
- •Any content which is defamatory of any person, obscene, offensive, hateful or inflammatory;
- •Any content that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm;
- •Any content that is deliberately designed to provoke or antagonize people, especially trolling, or is intended to harass, scare, distress, embarrass or upset people;
- •Any content that contains a threat of any kind, including threats of physical violence;
- •Any content that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality;
- •Any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or content that, in the sole judgment of Sparkbuz, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Sparkbuz, the Services or its users to any harm or liability of any type.
- In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Policy.
- We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree not to use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other intellectual property rights.
7. Sparkbuz Content
As between you and Sparkbuz, all content (except User Content (as defined below)), software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Sparkbuz Content”), are either owned or licensed by Sparkbuz. However, you or your licensors will own any User Content that you upload or transmit through the Services. Use of the Sparkbuz Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non- transferable, non-sublicensable, revocable license to access and use the Services, including to download the Platform on a permitted device, and to access the Sparkbuz Content through your use of the Services.
Sparkbuz reserves all rights not expressly granted herein in the Services and the Sparkbuz Content. You acknowledge and agree that Sparkbuz may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services (including any User Content), you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Sparkbuz Content (including User Content) is accurate, complete or up-to-date. Where our Platform and/or Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the content of such sites or resources. Such links should not be interpreted as approval by us of those linked websites or any information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Platform (including User Content).
- User-Generated Content
Users may be permitted to upload, transmit or stream content through the Services (“User Content”). Users may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the “Supplemental Terms – Virtual Items Policy”) and other elements provided by Sparkbuz (“Sparkbuz Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Sparkbuz Elements, have not been verified or approved by us. The views expressed by other users on our Platform (including through use of the virtual gifts) do not represent our views or values.
Whenever you make use of a feature that allows you to upload or transmit User Content through the Services, or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload, transmit or stream your User Content, including User Content that includes Sparkbuz Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above.
You warrant that any such User Content you upload or otherwise make available through the Services does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Services.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services.
You or the owner of your User Content will own the copyright in the content sent to us, but by submitting content to us, you hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, assignable, sub-licensable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and to authorize others user of the Services and other third- parties to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorized third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove any posting you make on our Platform if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services” above.
We accept no liability in respect of any content submitted or shared by users to third-party platforms.
If you wish to complain about information and materials uploaded by other users, please contact us at firstname.lastname@example.org.
Sparkbuz takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is Sparkbuz’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
You agree to defend, indemnify, and hold harmless Sparkbuz, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9. Exclusion of Warranties
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS”, AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
- YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
- YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
- ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
- DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE.
10. Limitation of Liability
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
- ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
- ANY LOSS OF GOODWILL;
- ANY LOSS OF OPPORTUNITY;
- ANY LOSS OF DATA SUFFERED BY YOU;
- ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO SPARKBUZ WITHIN THE LAST 12 MONTHS.
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
- •ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE;
- •ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
- •THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
- •YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
- •YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
11. Other Terms
- Applicable Law and Jurisdiction.
These Terms, their subject matter and their formation, are governed by the laws of the United States. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by the United States Federal Arbitration Act (FAA).
- Entire Agreement.
These Terms constitute the whole legal agreement between you and Sparkbuz and govern your use of the Services and completely replace any prior agreements between you and Sparkbuz in relation to the Services.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Platform in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
- Age Limit.
The Platform is only for people 12 years old and over. By accessing or using the Platform, you confirm that you are over the age of 12. If we learn that someone under the age of 12 is using the Platform, we will terminate that user’s account. In addition, if you are under the age of 12, you confirm that you possess legal parental or guardian consent for accessing or using the Platform, and are fully able and competent to enter into, abide by, and comply with the Terms.
- No Waiver.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
We do not guarantee that our Platform will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Platform. You should use your own virus protection software.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
- Any Questions?
Get in touch at email@example.com.
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms shall apply:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
- To the extent of any conflict between:
- •the Google Play Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”)
- •The other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play.
- You hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Sparkbuz or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms – Jurisdiction-Specific
If you are using our services in India, the following additional terms apply. In the event of any conflict between the following additional terms and the provisions of the main body of these Terms, the following terms shall prevail.
- Accepting the Terms.
- Your access to and use of our Services. You may not use the Services to upload, transmit, distribute, store or otherwise make available in any way (including for the purposes of creating and/or streaming content) any User Content that:
- •is obscene, pornographic, pedophilic;
- •is relating to or encouraging money laundering or gambling, or otherwise any activity that is unlawful in any manner whatsoever;
- •harms minors in any way;
- •deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; or
- •threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- User–Generated Content.
You hereby irrevocably waive any right to raise any objection or other claim before any authority including any copyright board in relation to the rights granted and licensed to us under these Terms, including any right under the provisions of section 30A of the (Indian) Copyright Act, 1957 or other applicable law. The above waiver is granted by you in favor of Sparkbuz and all of its group companies, affiliates and successors in title and interest, whether existing or in future.
In the event you are required to indemnify us pursuant to these Terms or any order or ruling of a court of law, you will obtain all necessary approvals and consents from regulatory authorities for the remittance of such amount to us.