User Agreement

1. Your Acceptance of the Terms of Use

Please carefully read these Terms of Use, which affect your legal rights and obligations. These Terms of Use tell you who we are, how we will provide you the Service, how you and we may change or end this contract, what to do if there is a problem, and other important information.

By registering for a user account that enables you to use the Service and/or by posting online content (“Account”) or otherwise using the Service, you represent that (1) you are age 14 or older (16 or older in the European Union/European Economic Area), (2) you fully understand and agree to these Terms of Use, and (3) if you are below the age of 14 (or below the age of 16 in the European Union/European Economic Area), your legal guardian has reviewed and agreed to these Terms of Use.

IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICE. USE OF THE SERVICE IS VOID WHERE PROHIBITED.

We reserve all rights to change or modify these Terms of Use at any time at our sole discretion. Any such change or modification will be effective immediately upon posting on the Site or mobile application, and your continued use of the Service after any changes or modifications to these Terms of Use are posted will constitute your acceptance of and agreement to such changes or modifications. Every time you wish to use our Service, please check the Terms of Use to ensure you understand what terms apply at that time. If you object to any change or modification, your sole recourse shall be to cease using the Service. YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CHANGE OR MODIFICATION TO THESE TERMS OF USE.

Except as may be expressly specified otherwise by us concerning paid portions of the Service, we reserve the right to add, change, suspend, or discontinue the Service, or any aspect or feature of the Service, to reflect changes to our products, our users’ needs and/or our business priorities, without notice and liability.

2. Information About Us and How to Contact Us

2.1

You can contact us by writing to us at SparkFlicksService@outlook.com.

2.2

If we have to contact you, we will email you at the address you provided in your account.

2.3

“Writing” includes emails. When we use the words “writing” or “written” in these Terms of Use, this includes emails.

3. Relationship to Other Agreements

Your use of the Service or portions of the Service may also be subject to the terms and conditions of one or more related third-party agreements (“Third Party Agreements”), such as agreements governing your download of or access to applications that are part of the Service using a third-party website or source (e.g., Google; Apple). In the case of any conflict between any Third Party Agreement and these Terms of Use with respect to us or any aspect of the Service, these Terms of Use will control.

4. User Accounts

Upon registering an Account with us, you may also be required to provide information about yourself in order to use the Service. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the Service and (ii) maintain and promptly update such data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, you are deemed to be in breach of these Terms of Use, and we have the right to suspend or terminate your account and refuse any and all current or future use of the Service by you.

Each user of the Service is allowed a maximum of one account per electronic device embedding a mobile operating system (“Device”). You may not sell, trade, or otherwise transfer or assign your account to another party except as expressly provided herein. You are responsible for maintaining the confidentiality of your password and account and agree not to provide your login information to any other party. You are fully responsible for all activities that occur under your password or account, with or without your knowledge. You agree to immediately notify us of any unauthorized use of your password or account or any other security breach.

5. Service

If you use the Service, you represent and warrant to the Company that: (i) all required information you submit is truthful and accurate; (ii) your use of the Service does not violate any applicable law or regulation or these Terms.

The Company reserves the right to suspend or terminate your use of Service, or your access to the Service, with or without notice to you, in the event that you breach these Terms.

The Service may be modified, updated, interrupted or suspended at any time without notice to you or our liability.

You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).

We retain the right to implement any changes to the Service (whether to free or paid features) at any time, with or without notice. You acknowledge that a variety of Company actions may impair or prevent you from accessing the Service at certain times and/or in the same way, for limited periods or permanently, and agree that the Company has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any content or services.

Your access to and use of the Service is at your own risk. To the extent permitted by law, the Company will have no responsibility for any harm to your computing system, loss of data, or other harm to you or any third party, including, without limitation, any bodily harm, that results from your access to or use of the Service, or reliance on any information or advice.

The Company has no obligation to provide you with customer support of any kind. However, the Company may provide you with customer support from time to time, at the Company’s sole discretion.

6. Rights to Use the Service

Right to Use: Subject to your complete and ongoing compliance with these Terms of Use, we hereby grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display, solely for your personal, non-commercial use, solely on a single Device:

(a) such portions of the Service as are freely accessible from the Site or that are, with our authorization, made freely accessible from third-party websites or sources such as the mobile application; and

(b) provided that you have paid the applicable fees and satisfied suitable conditions, such other portions of the Service as are accessible on a for-payment basis.

Subscriptions: You may be required to make payments to access certain portions of the Service that are provided as subscriptions. You are responsible for all such fees and related payment obligations under these Terms of Use. All such payments from you are subject to these Terms of Use and conditions of the relevant payment service. We bear no responsibility for any transactions processed by or any payments made to a third party. You acknowledge that pricing and availability of subscriptions provided by us in connection with the Service are subject to change at any time.

We may, from time to time, make available payment methods to you for automatic, recurring, or subscription-based charges. Where we do so, you agree that (subject to applicable laws and regulations): (i) such purchases or payments are generally made by you on an advance basis; (ii) you authorize us to save your chosen payment method’s information (for example, credit card information) on our systems and bill your chosen payment method for the relevant time periods; (iii) if any payment made via your chosen payment method is rejected, denied or returned unpaid for any reason, we may not provide you with, or suspend our provision of, the relevant content until payment is processed correctly; and you are liable to us for any fees, costs, expenses or other amounts we incur arising from such rejection, denial or return (and we may automatically charge you for such amounts).

You agree that any payments you make to us in relation to your subscriptions are final and non-refundable, except where specified under these Terms of Use. OTHERWISE, IN NO CIRCUMSTANCES SHALL WE BE REQUIRED TO PROVIDE A REFUND FOR ANY PAYMENTS MADE BY YOU TO US IN RELATION TO THE SERVICE (WHETHER USED OR UNUSED).

If you believe that we have charged you in error and subject to applicable laws and regulations, please get in touch with us at SparkFlicksService@outlook.com within seven days of the date of the relevant charge, and no refunds will be given for any erroneous charges after such seven-day period.

Payment processing services are provided by third-party services through which a purchase is made. All purchases may be subject to taxes and other fees, including, without limitation, foreign exchange fees or differences in prices based on location.

Transferring your Account: When using our mobile application, you may transfer your account or portions of the Service from one device to another only as expressly authorized and enabled by us through the Service. You will be allowed to transfer the Service to a new Device so long as you are the owner of both the old and new Devices and the account being transferred.

You agree not to, and not to attempt to, (i) use the Service for any use or purpose other than as expressly permitted by these Terms of Use or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms of Use. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors except for the licenses and rights expressly granted in these Terms of Use. Without limiting the generality of this section, we reserve the right to modify the license and restrictions set forth in this section and elsewhere in these Terms of Use in accordance with these terms and conditions, including without limitation by charging fees for such license.

7. Service Materials, Ownership, Trademarks and Feedback

Service Materials: Except for Your Content (as defined below) and except as otherwise expressly set forth in these Terms of Use, we and our licensors own and will retain ownership of all rights, title, and interest in and to the Service and the Service Materials.

“Service Materials” means all information and materials that are part of the Service, including without limitation the following: photographs; graphics; layout; text; images; audio; video; designs; advertising copy; data; logos; domain names; trademarks, service marks, trade names and other source identifiers; any and all copyrightable material, including software; the “look and feel” of the Service or portions thereof; the compilation, assembly and arrangement of the materials of the Service or parts thereof; and User Content. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading Service Materials or by purchasing any Virtual Currency or Virtual Goods (each as defined below).

You acknowledge and agree that the Service Materials are protected by, and their use, copying, and dissemination may be restricted by, applicable intellectual property and other laws in both the United States and other jurisdictions. All rights not expressly granted by these Terms of Use are reserved by us and our licensors, and no license is granted hereunder by estoppel, implication, or otherwise. You agree not to encumber, license, modify, publish, copy, sell, transfer, transmit, or in any way exploit any portion of the Service or Service Materials other than Your Content (as defined below), nor will you attempt to do so, except as expressly permitted in writing by us and, as applicable, the owner of such Service Materials (from whom you are solely responsible for obtaining permission).

Our Marks: The term “we,” our logo, and other logos and product and service names are trademarks and service marks of, and are owned by, us (the “Marks”). Except as expressly set forth herein, you may not use or display such trademarks in any manner without our prior written permission. All third-party trademarks and service marks appearing on the Service are the property of their respective owners. All rights are reserved therein. Use of any trademarks or service marks as “metatags” on other websites is prohibited.

You may not use our Marks to disparage us and our services. You may not use the same in any manner that may damage any goodwill in the Marks. All goodwill generated from the use of the Marks will accrue solely for our benefit.

Feedback: If you provide us with comments, suggestions, or feedback about, or in connection with, the Service (collectively, “Feedback”), you agree that such feedback shall be our exclusive property, and you hereby assign all rights, title, and interest in and to such Feedback to us. You agree that unless otherwise prohibited by law, we may use, sell, disclose, and otherwise exploit the feedback in any way and for any purpose, without restriction and without compensation to you.

8. Third-Party Ads, Intellectual Property, User Content

8.1 Third-Party Ads

The Service may contain links to third-party websites or resources and advertisements for third parties (collectively, “Third-Party Ads”). Such Third-Party Ads are not under the control of the Company and the Company is not responsible for any Third-Party Ads. The Company provides these Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Ads. Advertisements and other information provided by Third-Party Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a third-party site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third-Party Ads that are found on or through the Service, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

You hereby release us, our officers, employees, agents and successors from claims, demands and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise from any interactions with or conduct of any users of the Service, or any Third-Party Ads.

8.2 Intellectual Property

Except for User Content, the content that we provide in connection with the Service may be protected by copyright or other intellectual property rights and owned by us or third parties. You obtain no copyright or other interest in connection with your use of the Service.

You are expressly prohibited from engaging in monetization or profiting from your use of the Service.

We hereby reserve all rights not expressly granted to you in these Terms of Use.

8.3 User Content

The Service may invite or enable you and other users to create, submit, post, display, transmit, perform, publish, or distribute communications, content and materials (including without limitation text, writings, photographs, graphics, images, comments, personally identifiable information and so forth), including by making the foregoing available to us and other users of the Service, whether via email or through online forums, message boards, messaging services, blogs or other functionality of the Service or portions thereof (collectively, “User Content”). We may but have no obligation to accept, display, review, maintain, or otherwise exploit any User Content.

You understand that all User Content available in connection with the Service is the sole responsibility of the person from whom such User Content originated. We reserve the right to but have no obligation to pre-screen, review, examine, evaluate, or otherwise monitor any User Content for accuracy, completeness, timeliness, validity, legality, decency, quality, integrity, usefulness, or any other quality. We make no and hereby disclaim any and all warranties or other guarantees with respect to User Content. You understand that your use of the Service is at your own risk and that by using the Service, you may be exposed to User Content that is offensive, indecent, objectionable, or that does not otherwise meet your needs. You agree that you must evaluate and bear all risks associated with the use of any User Content available in connection with the Service. Under no circumstances will we be liable in any way for any User Content made available via the Service, including, but not limited to, any errors or omissions in any such User Content or any loss or damage of any kind incurred as a result of the use of such User Content.

Notwithstanding the foregoing, we reserve the right in our sole discretion to pre-screen, review, monitor, refuse, remove from the Service, censor, edit, alter, delete, restrict access to, or otherwise make unavailable any User Content (including without limitation Your Content) without notice for any reason, including without limitation the violation of these Terms of Use, or for no reason, at any time. You may report User Content that you believe violates these Terms of Use or other inappropriate user behavior to our attention by contacting us through SparkFlicksService@outlook.com.

8.4 Your Content

User Content that you make available in connection with the Service is referred to herein as “Your Content.” You agree that Your Content is not confidential. You further agree that upon termination of your account, we may delete Your Content and will not return Your Content to you in a consolidated format.

You represent and warrant that Your Content is wholly original to you and that you exclusively own the rights to Your Content, including the right to grant all of the rights and licenses in these Terms of Use without us incurring any third-party obligations or liability arising out of our exercise of such rights and privileges. We do not claim any ownership rights in Your Content, and nothing in these Terms of Use will be deemed to restrict any rights that you may have to use and exploit Your Content.

You hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license (with the right to sublicense) to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit Your Content via the Service or otherwise. You also grant us the right to sublicense and authorize others to exercise any of the rights granted to us under these Terms of Use. Subject to termination and deletion of your account, you further perpetually and irrevocably consent to our unconditional right to use and exploit your account name, persona, and likeness (as described in the Privacy Policy) included in any User Content and in connection with any User Content, without any obligation to you. Please review our Privacy Policy to make sure that you understand how we will process your personal data. To the extent permitted by law, you waive and/or agree not to assert any rights of attribution and/or any so-called moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in a manner not agreeable to you.

We have no obligation to monitor or enforce your intellectual property rights in or to Your Content.

8.5 User-Generated Content (UGC) Policy

To maintain a safe and respectful community, the following rules apply to all User Content:

8.5.1 Acceptance of EULA and Zero Tolerance Policy

By uploading or posting any User Content, you expressly agree to these Terms of Use, which constitute a legally binding licensed application end user license agreement (EULA). You acknowledge and agree that we maintain a strict zero-tolerance policy regarding objectionable content or abusive users. Any violation of these standards will result in immediate removal of the content and potential permanent suspension of the user’s account.

8.5.2 Objectionable Content Standards

You are prohibited from posting any content that is:

• Defamatory, libelous, or slanderous.
• Obscene, pornographic, or sexually explicit.
• Promoting violence, hatred, or discrimination based on race, gender, religion, or nationality.
• Harassing or abusive towards other users.

8.5.3 Filtering and Monitoring

We employ robust methods to filter and monitor User Content. This includes automated scanning tools and manual moderation to identify and intercept objectionable content before or after it is published on the service.

8.5.4 Reporting (Flagging) Mechanism

We provide a clear mechanism for users to flag any content they find objectionable. You may use the “Report” or “Flag” button provided within the interface. Our team will review all reports and take action within 24 hours.

8.5.5 Blocking and Instant Removal

You have the right to block any abusive user at any time.

• Instant Removal: Once you block a user, their content will be immediately removed from your feed and will no longer be visible to you.
• Developer Notification: Blocking a user for abusive behavior will automatically notify the developer team. This notification triggers an investigation into the abusive user and the removal of their inappropriate content from the entire platform where applicable.

9. Notice and Procedure for Making Claims of Copyright or Other Intellectual Property Infringements

We respect the intellectual property of others and take the protection of intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.

Our intellectual property policy is to remove or restrict access to material that we believe in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service.

We have the discretion to terminate the account of any user after receipt of a single notification of claimed infringement or upon our own determination.

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Copyright Agent identified below. Your Notification of Claimed Infringement may be shared by us with the user alleged to have infringed a right you own or control, and you hereby consent to our making such disclosure. Your communication must include substantially the following:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
• Identification of works or materials being infringed, or, if multiple works are covered by a single notification, then a representative list of such works;
• Identification of the specific material that is claimed to infringe or to be the subject of violating activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
• A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.

Copyright Agent: SparkFlicksService@outlook.com

Regarding counter-notification, if you receive a notification from us that material made available by you on or through the Service has been the subject of a notice of claimed infringement, then you will have the right to provide us with what is called a “counter-notification”. To be effective, a Counter Notification must be in writing, provided to our Copyright Agent through one of the methods identified above, and include substantially the following information:

• A physical or electronic signature of the subscriber;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
• The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located.

If you submit a counter-notification to us in response to a notification of claimed infringement, then we will promptly provide the person who provided the notice of claimed infringement with a copy of your counter notification and inform that person that we will replace the removed User Content or feedback or cease disabling access to it in 10 business days, and we will replace the removed User Content or feedback and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter-notification unless our Copyright Agent receives notice from the party that submitted the notification of claimed infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on our system or network.

10. Restrictions and Rules of Use

As a condition of your use of the Service, and without limiting your other obligations under these Terms of Use, you agree to comply with the restrictions and rules of use set forth in this section and in our Acceptable Use Policy, which forms part of these Terms of Use as well as any additional restrictions or rules (such as application-specific rules) set forth in the Service.

The Service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, or sell for any commercial purposes any portion of the Service, use of the Service, or access to the Service, except for limited reverse engineering activities that may be, and only to the extent, permitted by applicable law.

You are responsible for configuring your information technology, computer programs, and platform to access the Service, and you should use your own virus protection software.

You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Service, the Site or mobile application on which the Service is stored, or any server, computer, or database connected to the Service. You must not attack the Service via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

11. Virtual Currency and Goods

The Service may include virtual currency, such as cash, coins, points, or similar, that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency, subject to applicable law (such virtual currency, “Virtual Currency”). The Service may also include virtual digital items, such as assets, commodities, abilities, or other goods that may be earned or obtained through the Service or otherwise purchased by you for legal tender or actual currency or for Virtual Currency, subject to applicable law (such virtual items, “Virtual Goods”).

We reserve the absolute right, at any time and at our sole discretion, to manage, regulate, control, modify, or eliminate Virtual Currency and/or Virtual Goods as we see fit, and we shall have no liability to you or any third party for the exercise of such rights. You shall have a limited, personal, revocable, non-transferable, non-sublicensable license to use solely within the Service’s Virtual Goods and Virtual Currency that you have earned, purchased, or otherwise obtained in a manner authorized by us. You have no other right, title, or interest in or to any such Virtual Goods or Virtual Currency appearing or originating in the Service.

You hereby acknowledge and agree that the transfer of Virtual Currency and Virtual Goods is strictly prohibited except where expressly authorized in the Service. Outside the Service, you shall not sell, redeem, or otherwise transfer Virtual Currency or Virtual Goods to us, any other user of the Service, or any other party.

You agree that all sales of Virtual Currency and Virtual Goods are final and, except as determined by us in our sole and absolute discretion, non-refundable. You acknowledge and agree that upon the termination of these Terms of Use, your Account or the Service for any reason, including upon our discontinuation of the Service or applicable portion thereof for any reason, all Virtual Currency and Virtual Goods will be forfeited by you, and we will have no liability to you in connection therewith.

12. Posting On Other Websites and Linking to the Service

Subject to these Terms of Use, we agree to grant you a limited, revocable, non-exclusive, non-transferable license to post your personal Account profile information, such as your achievements in applications that make up part of the Service, and such other Service Materials as we may authorize in writing, for non-commercial purposes only and only on your personal website or on a third-party website that permits posting of such content at the direction of users, provided that such third-party website:

1. is not a commercial competitor of us,
2. does not criticize or take other actions that could reasonably be expected to result in harm to us,
3. does not obtain any rights to such posted content other than a non-exclusive license to post it at your direction,
4. does not charge for access to such content and does not associate products, services, or advertising with such content, and
5. together with all websites to which it links, complies with all applicable laws, does not in any way threaten or violate the intellectual property or other rights of any kind of any third party, and does not host, post, publish, distribute, disseminate or facilitate any content that, if User Content posted on the Service, would violate these Terms of Use (each such third-party website, an “Authorized Website”).

The foregoing license is expressly conditioned on your accompanying each such posting with both (i) a link to https://www.sparkflicks.top and (ii) the statement “Copyright SparkFlicks. All Rights Reserved. Used With Permission.” on every page on which the posting appears.

We agree to grant you a non-exclusive, limited license, revocable at our discretion, for you to link to our home page from any Authorized Website. You may not display the Service or any portion thereof in frames or “in-line links” without express written permission from us.

13. How We May Use Your Personal Information

Your privacy matters to us. We will only use your personal information as set out in our Privacy Policy. Please review our Privacy Policy to make sure that you understand our practices.

14. Termination

These Terms of Use will remain effective until terminated by either party.

Your rights to end the contract: You may terminate these Terms of Use at any time and for any reason by (a) contacting us through SparkFlicksService@outlook.com notifying us of your termination, (b) deleting or otherwise destroying all Service-related materials, and (c) ceasing use of the Service.

Our rights to end the contract: We may terminate these Terms of Use, your Account, and your access to the Service (or, at our sole option, applicable portions of the Service) at any time and for any reason. We may, at our option and in our sole discretion, precede any such termination by issuing you a warning or other notice, such as upon your violation of these Terms of Use. However, you acknowledge that we are not required to provide you with any such information or warning prior to any such termination under this section.

Deactivation or termination of your account: If your account has been inactive for one year or more, we may deactivate or terminate your account at our sole discretion. You further agree that on such deactivation or termination of your Account, we may delete Your Content and information and will not be returning Your Content to you in any way. We will not be responsible for any damages or consequences incurred by you in connection with Your Content or information that is deleted. It is solely your responsibility to save any of your content. We consider several factors to understand whether you are still accessing your account. These factors include your last access date.

Breach of Terms’ consequences: In addition, we may notify authorities or take any actions we deem appropriate (including, without limitation, suspending your account and your access to the Service) without notice to you if we suspect or determine that you may have (i) failed to comply with any provision of these Terms of Use or any policies or rules established by us; or (ii) engaged in actions relating to or in the course of using the Service that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, us, any third parties or the Service itself.

Consequences of termination: You may, as the result of termination, lose your account and all information and data associated therewith, including without limitation your usernames, avatars, in-application characters and achievements, Virtual Currency, and Virtual Goods, as applicable.

You acknowledge and agree that upon any termination permitted under these Terms of Use for any reason, whether by you or us, you will not be entitled to and we will not be liable to you or any third party for any refund, reimbursement, or other liability. If we terminate your account, you may not participate in the Service or any other service without our express written permission. To request permission for post-termination participation in our service, submit a request through SparkFlicksService@outlook.com. We reserve the right to refuse to provide accounts for and provide the Service to any individual. You shall not allow individuals whose accounts have been terminated by us to use your account.

15. Disputes With Others

You are solely responsible for your interaction with other users of the Service and other parties that you come in contact with through the Service. We hereby disclaim any and all liability to you or any third party relating to your use of the Service.

You will cooperate fully with us to investigate any suspected unlawful, fraudulent, or improper activity, including, without limitation, granting us access to any password-protected portions of your account. We reserve the right but have no obligation to monitor and manage disputes between you and other users of the Service.

16. Disclaimers of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND.

WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE SERVICE MATERIALS AND ANY AND ALL USER CONTENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT PERMISSIBLE BY LAW, WE MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THE SERVICE MATERIALS OR USER CONTENT WILL BE VIEWABLE TO YOU; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT ERRORS WILL BE CORRECTED; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR ANY SERVICE MATERIALS OR USER CONTENT WILL BE ACCURATE OR RELIABLE.

17. Limit of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE OR LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF USE OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF $50 USD OR THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above rules and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any warranty, limit or exclude its liability or the scope and duration of such warranty as set forth in these Terms of Use, our liability shall be the minimum permitted under such applicable law.

18. Links to External Locations and Third-Party Websites

The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. We may remove any links at any time for any reason or for no reason.

19. Indemnification

You will be responsible for and agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) made by a third party due to or arising from (i) information in your account and any information you (or anyone accessing the Service using your password) submit, post or transmit through the Service, (ii) your (or anyone accessing the Service using your password) use of the Service, (iii) your (or anyone accessing the Service using your password) violation of these Terms of Use or any applicable Additional Terms of Use or Third Party Agreements, and (iv) your (or anyone accessing the Service using your password) violation of any rights of any other person or entity.

20. Which Laws Apply to This Contract and Where You May Bring Legal Proceedings

These Terms of Use and any action related thereto or to the Service will be governed by the laws of Hong Kong without regard to its conflict of laws provisions. In the event any dispute arises out of these Terms of Use, the parties hereto consent to arbitration submitted to the Hong Kong International Arbitration Centre (“HKIAC”) in Hong Kong. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods. You acknowledge that the rights granted and obligations made to us under these Terms of Use are of a unique and irreplaceable nature, the loss of which may result in immediate and irreparable harm to us for which remedies at law are inadequate. We shall, therefore, be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises.

21. Other Essential Terms

Internet and data charges: You agree to be responsible for obtaining and maintaining all telephone, computer hardware, mobile devices, and other equipment needed for access to and use of the Service and all charges related thereto.

Service access out of Hong Kong: We operate and control the Service from our offices in Hong Kong. We do not make any representation that the Service is appropriate or available in other locations. The information and materials provided on the Service are not intended for distribution to or use by any person or entity in any jurisdiction where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Service from other locations do so on their own initiative and are solely responsible for compliance with local laws if and to the extent local laws are applicable.

No relationship: You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Service.

These Terms are the entire agreement between us: These Terms of Use constitute the entire agreement between you and us concerning your use of the Service and any other subject matter hereof and cannot be changed or modified by you except as expressly posted on the Site or the mobile application by us.

Even if we delay in enforcing this contract, we can still enforce it later: The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision, and no waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

If a court finds part of this contract illegal, the rest will continue in force: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use.

We may transfer this contract to someone else: These Terms of Use may not be assigned by you without our prior written consent but are freely assignable by us.

And a few more terms: The section headings used herein are for convenience only and shall not be given any legal importance. Upon our request, you will furnish us with any documentation, substantiation, or releases necessary to verify your compliance with these Terms of Use. You agree that these Terms of Use will not be construed against us by having drafted them. You hereby waive any defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. A person not a party to this agreement shall have no right to enforce any of its terms.

22. Sections That Survive Termination

You agree that the following sections of these Terms of Use will survive any termination of these Terms of Use, your Account, or the Service: Section 7 (Service Materials, Ownership, Trademarks, and Feedback), Section 8 (Third-Party Ads, Intellectual Property, User Content), Section 14 (Termination), Section 15 (Disputes with Others), Section 16 (Disclaimers of Warranties), Section 17 (Limitations of Liability), Section 19 (Indemnification), Section 20 (Which laws apply to this contract and where you may bring legal proceedings) and Section 21 (Other Essential Terms).

Contact Us: For all correspondence, please get in touch with us through SparkFlicksService@outlook.com.

What’s in This Acceptable Use Policy?

This acceptable use policy (“Policy”) sets out the content standards that apply when you upload content to our Service, contact other users on our Service, link to our mobile app or Site, or interact with our Service in any other way. This Policy is part of our Terms of Use and should be read in conjunction with our Terms of Use. We may make changes to the terms of this policy. Every time you wish to use our Service, please check this Policy to ensure you understand the terms that apply at that time.

Prohibited Uses

You may use our Service only for lawful purposes. You agree not to use the Service to transmit, make available, or otherwise promote or support:

• Any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• any spyware, passive collection mechanism, or any other code or material that acts as a passive or active information collection or transmission mechanism;
• cheats, hacks, cracks, malicious programs, viruses, or any other computer code, files, or programs that have the effect of or are intended to modify, impair, disrupt, destroy, interfere with or limit the functionality of the Service or any portion thereof, take control of any computer software, hardware or telecommunications equipment or interrupt any user’s uninterrupted use and enjoyment of the Service; or unreleased Service content, areas that have been unlocked by hacking into client data files, or data not available through regular operation on any portion of the Service.

You further agree not to:

1. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
2. interfere with, disrupt, or circumvent any security feature of the Service or any part that restricts or enforces limitations on the use of or access to the Service;
3. use the Service to intentionally or unintentionally violate any applicable local, state, national, or international law;
4. use the Service to harm minors in any way;
5. use the Service to reveal any personal information about another individual, including any information that may be used to track, contact, or impersonate that individual or misrepresent your identity;
6. defraud or mislead us or other users or otherwise engage in any suspicious activity;
7. use the Service to engage in any commercial activity, including without limitation any attempt to raise money for any party or any purpose or advertise, promote, or attempt to trade or sell a website, pyramid scheme, multi-tiered marketing scheme, web links to other sites or any other product or service of any kind;
8. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity or give the impression that any of your content emanates from us if that is not the case;
9. create any Account by automated means or pretenses, create more than one Account per Device, or use any other user’s account for any purpose, including to circumvent a suspension or ban;
10. cheat or use, develop or distribute automation software programs (“bots”), “macro” software programs, or other “cheat utility” software programs or applications that are designed to modify the Service experience to the detriment of fair play; or
11. sell or transfer the Service (or any portion thereof), your Account, or access to your account in exchange for legal tender or other actual currency or other goods, services, or items of monetary value.

You also agree not to access the Service:

1. by any means other than through the interface that we provide for use in accessing the Service;
2. through any automated means (including the use of any script, web crawler, robot, spider, or scraper); or
3. by forging or manipulating identifiers to disguise the origin of any access to the Service.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable User Content and abide by all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

When using any of the Interactive Services, you also agree to the following Content Standards:

User Content (or part thereof) must not:

1. be unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, offensive, inflammatory, pornographic, sexual, libelous, invasive of another’s privacy, deceitful, bullying, insulting, intimidating, humiliating, promoting violence, hateful, discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or disparaging or otherwise objectionable or inappropriate;
2. promote illegal activity, such as drug use;
3. include content you do not have a right to make available under any law or contractual or fiduciary relationships or that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
4. infringe any patent, trademark, trade secret, copyright, or other intellectual property, proprietary or other rights of any party.

You also agree not to:

5. excessively communicate the exact phrase, similar phrases, or gibberish;
6. create undue discontent or disturbances among other users, such as by picking fights, making off-topic posts in forums, or insulting other users of the Service;
7. post or transmit non-constructive comments;
8. abuse any functionality enabling reporting to us by sending false alarms or nonsensical messages;
9. bump forum threads;
10. number threads or post other non-contributory posts, such as IBTL (i.e., in before the lock), TLDR (i.e., “too long; didn’t read”) or “First!” posts;
11. post off-topic comments;
12. commit other actions that we consider, in our sole discretion, to be “flaming”, “trolling”, or “spamming”;
13. create new threads about existing topics or separate threads about an existing topic for further discussion in more than one forum (e.g., cross-postings); or
14. post links to threads from other forums unless previously approved by a moderator.

Breach of This Policy

These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be in violation of the rules of use or otherwise outside the spirit of the Service and to take action. When we believe a breach of this Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Policy constitutes a material breach of the Terms of Use upon which you are permitted to use our Service and may result in our taking all or any of the following actions:

• Immediate, temporary, or permanent withdrawal of your right to use our Service.
• Immediate, temporary, or permanent removal of any User Content uploaded by you to our Service.
• Issue of a warning to you.
• Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
• Further legal action against you.
• Disclosure of such information to law enforcement authorities as necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Policy. Our actions are not limited to those described above, and we may take any other action we reasonably deem appropriate.