These Terms of Service (“Terms”) govern your use of the SparkPoster.com website (“Website”) and any services provided by SparkPoster (“Company”). By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, please refrain from using the Website.
1.1 In order to access certain features of the Website, you may need to create an account. You must provide accurate and complete information when registering an account. You are solely responsible for maintaining the confidentiality of your account credentials and for any activity that occurs under your account.
1.2 You agree to notify SparkPoster immediately of any unauthorized use of your account or any other breach of security. SparkPoster will not be liable for any loss or damage arising from your failure to comply with this section.
2.1 The Website and its original content, features, and functionality are owned by SparkPoster and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2.2 You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the content, in whole or in part, unless expressly authorized by SparkPoster.
3.1 The Website may allow users to post, link, store, share, and otherwise make available certain information, text, graphics, videos, or other material (“User Content”). You are solely responsible for the User Content you post on the Website and the consequences of sharing or publishing it.
3.2 By posting User Content on the Website, you grant SparkPoster a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable license to use, reproduce, adapt, publish, translate, and distribute it in any and all media.
3.3 SparkPoster reserves the right to remove any User Content that violates these Terms or is otherwise objectionable.
4.1 You agree not to engage in any of the following prohibited activities:
5.1 The Website is provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied. SparkPoster makes no representations or warranties about the accuracy, reliability, suitability, or completeness of the content on the Website.
5.2 SparkPoster does not warrant that the Website will be uninterrupted, error-free, or secure, or that any defects or errors will be corrected.
6.1 In no event shall SparkPoster be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Website.
6.2 SparkPoster shall not be liable for any damages, liability, or loss arising out of your use of or reliance on any third-party content or websites linked to from the Website.
7.1 You agree to indemnify, defend, and hold harmless SparkPoster and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from:
8.1 SparkPoster may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.
8.2 Upon termination, your right to use the Website will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9.1 These Terms shall be governed by and construed in accordance with the laws of the Poland, without regard to its conflict of law provisions.
9.2 Any legal action or proceeding arising out of or related to these Terms or the Website shall be brought exclusively in the courts of Poland, and you consent to the jurisdiction of such courts.
10.1 SparkPoster reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, SparkPoster will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at SparkPoster’s sole discretion.
10.2 By continuing to access or use the Website after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, please stop using the Website.
If you have any questions about these Terms, please contact us at support@sparkposter.com.