TERMS OF SERVICE

These Terms of Service (“Terms”) govern your access to and use of Sparkly and related products, technologies and services (collectively the “Services”) for the processing and broadcasting  of video streams via specific social media, and any information, text, graphics, photos or other materials uploaded, downloaded, published or appearing on the Services (collectively the “Content”). Your access to and use of the Services require your acceptance of and compliance with these Terms. By accepting this agreement or accessing or using the Services, you agree to be bound by these Terms. If you do not accept and comply with these Terms, you may not use the Services. The Services are available under the following link: http://sparklylive.com . The Services are provided by Sparkly sp. z o.o. Its registered seat at ul. Wadowicka 6, 30-415 Kraków, Polska, entered in the register of entrepreneurs kept by the District Court in Krakow (SĄD REJONOWY DLA KRAKOWA-ŚRÓDMIEŚCIA W KRAKOWIE, XII WYDZIAŁ GOSPODARCZY KRAJOWEGO REJESTRU SĄDOWEGO). , Commercial Division of the National Court Register under the number 0000805496 (“Sparkly” or “we”).

Our contact details are:  

Sparkly sp. z o.o.
ul. Wadowicka 6
30-415 Kraków
Polska

1. Basic Terms

You may use the Services only subject to these Terms. If you are accepting these Terms and using the Services on behalf of a company or other legal entity, you represent and warrant that you are authorized to do so. You are responsible for your use of the Services, for any Content you post to or use in connection with the Services, and for any consequences thereof. The Services that we provide are always evolving and the form and nature of the Services that we provide may change from time to time. When planning substantial changes, we normally will give you an advance notice and a chance to get more detailed information on modifications that are going to be introduced. However, it may be not always reasonably possible, thus we encourage you to follow our website, where the most current information on the Services and their functionalities is always available.  

Services may use external Application Interface Program (API)

By using our Services, you are agreeing to be bound by the YouTube Terms of Service. You can review YouTube's Terms of Service here YouTube's Terms of Service.

By using our Services, you are agreeing to be bound by the Facebook Terms of Service. You can review Facebook's Terms of Service here Facebook's Terms of Service


2.  Content

All Content is the sole responsibility of the person who originated such Content. Sparkly may not be able to monitor or control the Content posted via the Services and cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services, obtained by you through the Services, or used by you in connection with the Services is at your own risk. Sparkly cannot be held responsible for your Content, any user-generated Content, or third-party Content uploaded, stored, shared, or published using the Services. You understand that most Content you use or display through the Services is public and will be able to be viewed by other persons and potentially through third party services and websites. You should only use Content that you are entitled to and comfortable sharing with others under these Terms.

Sparkly does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Sparkly be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere. Sparkly does not claim ownership of any Content. You retain any and all rights to your Content, and you are responsible for any and all Content you use or display on or through the Services. If you do not have the right to submit Content for use on the Services and/or if you apply the Services to the Content in a way which any third party may find offensive, harmful, inappropriate or otherwise violating their rights, you may be subject to liability. By using or displaying Content on or through the Services, you grant Sparkly a worldwide, non-exclusive, royalty-free right and license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known for the purpose of providing the Services under these Terms. Sparkly will not be responsible or liable for any use of your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content for use on the Services.  

3. Your License to Use the Services

In exchange for the fees payable to Sparkly pursuant to these Terms, Sparkly grants you a nonexclusive, non-transferable, non-sublicenseable, revocable, royalty-free right and license to access and use the Services solely for use in the territory specified in the user entry form (“Territory”). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Sparkly, in the manner permitted by these Terms. The Services are licensed, not sold, and Sparkly reserves all rights to the Services not expressly granted by Sparkly.  

4. Sparkly Rights

All right, title, and interest in and to the Services (excluding Content provided by you or others) are and will remain the exclusive property of Sparkly. Sparkly or its licensors own and shall retain all proprietary rights, including without limitation, all patent, copyright, trade secret, trademark and other intellectual property rights, in and to the Services. You acknowledge that your use of the Services and the license granted hereunder does not provide you with title to or ownership of the Services, but only a right of limited use in accordance with these Terms. Nothing in the Terms gives you a right to use the Sparkly name or any of the Sparkly trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Sparkly, or the Services is entirely voluntary and Sparkly will be free to use such feedback, comments, or suggestions as Sparkly see fit and without any obligation to you.  

5. Pricing and Payment Methods  

As specified by Sparkly from time to time, the Services may be provided under various pricing models. You may find current information on pricing models, terms and methods of payment on our website www.sparklylive.com in the pricing tab or during sign-up process.

If specified, your use of the Services may start with a free trial, which is intended to allow you to try the Services. Free trial eligibility is determined by Sparkly at its sole discretion and we may limit its availability or duration to prevent abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible, which in particular concerns creating multiple accounts for free use of the Services. These restrictions apply accordingly to our other variants of the Services.

6. Code of Conduct

By agreeing to these Terms, you agree that, when using the Services, you will follow these rules:

• Don’t do anything illegal;
• Don’t engage in any activity that exploits, harms, or threatens to harm children;
• Don’t spam (i.e. no unwanted, unsolicited, or bulk messaging);
• Don’t display inappropriate or obscene Content (e.g. illicit nudity, pornography, graphic violence, or criminal activity);
• Don’t engage in activity that is false or misleading (e.g. false pretenses, impersonating, manipulating the Services to affect play count, rankings, trends, or comments);
• Don’t circumvent any restrictions on access to or availability of the Services;
• Don’t engage in activity that is harmful to you, other, or the Services (e.g. transmitting viruses, stalking, communicating hate speech, or advocating violence against others);
• Don’t infringe upon the rights of others (e.g. unauthorized sharing of copyrighted material or likelihood of confusion with a trademark); • Don’t engage in activity that violates the privacy of others;
• Don’t help others break these rules.  

7. Restrictions on Content

You represent your Content and any other Content published with the Services or used in connection with the Services, do not: (a) infringe, violate, or misappropriate any copyrights, mask work rights, trademarks, trade secrets, or other proprietary or intellectual property rights of any third party, (b) defame, libel, or invade the privacy of any third-party, (c) violate the Code of Conduct, or (d) violate any applicable Facebook Policies.

Sparkly reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services or to suspend or terminate your account without liability to you. Sparkly also reserves the right to access, read, preserve, and disclose any information as Sparkly reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Sparkly, its clients and the public. Sparkly respects the intellectual property rights of others. If anyone believes that the Content infringes their copyright or other intellectual property right, they may submit a relevant notice in writing to the address: Sparkly, ul. Wadowicka 6, 30-415 Kraków, Polska or by e-mail to the address: contact@sparkylive.com. The notice should include a detailed description of the alleged infringement sufficient to enable Sparkly to make a reasonable determination. Sparkly will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action where Sparkly has reasonable grounds to believe that an infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Services. You expressly agree that in such a case Sparkly can not be held liable to you for inability to use the Services, if your Content was subject to such procedure and Sparkly reasonably determine that third party claims are reasonably substantiated. In such a case you will be informed about the basis of third party claims so that you may discuss them directly with such third party  

8. Restrictions on Use of the Services

You shall not, and shall not permit or assist any other party to (a) access, tamper with, or use nonpublic areas of the Services, Sparkly’s computer systems, or the delivery systems of the Services; (b) interfere with, or disrupt (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services; (c) modify, translate, decompile, decrypt, disassemble, emulate, hack, or reverse engineer the Services or otherwise attempt to: (i) defeat, avoid, by-pass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services including, without limitation, any such mechanism used to restrict or control the functionality of the Services; (ii) gain unauthorized access to the Services or to third party operators or applications available to you via the Services, or (iii) derive the source code, object code, algorithms, or such other code (in the form in which it is customarily read and edited) of the Services; (d) publish, copy, rent, lease, sell, export, import, distribute, lend, assign, license, disclose, or otherwise transfer the Services, including any copies of the Services, in any form to any third parties; (e) use or reproduce the Services for any reason other than as set forth in these Terms; or (f) remove or alter any proprietary notices or marks on the Services or third party materials.  

9. Service Availability
Sparkly strives to keep the Services up and running; however, all online services suffer occasional disruptions and outages and the Services may be unavailable from time to time, and Sparkly is not liable for any disruption or loss you may suffer as a result. Your access to and use of the Services may require, including without limitation, an adequate computer software and/or hardware, or file format. If necessary, current information on such requirements will be provided on our website in the description of the Services.

10. Social media Policies
You acknowledge and agree to adhere to policies of Facebook (and/or other social media, as appropriate) in connection with your use of the Services, including without limitation, Facebook’s policies (facebook.com/policies), terms of service (facebook.com/legal/terms), data policy (facebook.com/about/privacy), and such other policies, guidelines, and best practices implemented by Facebook, whether now known or hereinafter in effect (collectively “Facebook Policies”). Brand specific requirements may apply, including without limitation, community standards (facebook.com/communitystandards), brand resources (facebookbrand.com), and brand page terms (facebooks.com/page_guidelines.php). You are solely responsible for compliance with Facebook Policies in connection with your use of the Services. Sparkly cannot be held responsible for your noncompliance with Facebook Policies in connection with your use of the Services.  

11. Safety

When using the  Services you are responsible for applying adequate security measures with regard to your devices and IT systems including safeguarding the password that you use to access the Services and for any activities or actions under your password. Sparkly encourages you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Sparkly cannot and will not be liable for any loss or damage arising from your failure to comply with the security rules.

12. Limitation of Liability

Subject to binding rules of applicable laws regarding limitation of liability of a service provider against a consumer, neither Sparkly nor its employees or authorized representatives shall be liable to you for any damage, including loss of profits, resulting from (i) your access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (iii) any content obtained from the Services or (iv) unauthorized access, use, or alteration of your transmissions or content, unless the damage was caused intentionally or as personal injury. In no event shall the aggregate liability of Sparkly, its employees or authorized representatives exceed the sum of the amount you paid Sparkly, if any, for the Services giving rise to the claim.  

13. Termination

You may end your obligations under these Terms at any time for any or no reason by discontinuing your use of the Services; provided, however, such discontinuance of use of the Services does not excuse your legal and financial obligations under the Services Agreement. For the Services provided on a continuous basis, you may terminate your use of the Services at any time and you will continue to have access to the Services through the end of your billing period. In such cases payments are non-refundable. To terminate the Services Agreement, go to your account page and follow the instructions for termination. Sparkly may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if Sparkly reasonably believes: (a) you have violated these Terms, (b) you create risk or possible legal exposure for Sparkly; or (c) Sparkly’s provision of the Services to you is no longer commercially viable. Sparkly will make reasonable efforts to notify you of any suspension or termination.

14. Right of withdrawal

If you are a consumer, you have the right to withdraw from the Services Agreement without giving any reason. The right of withdrawal may be exercised by submitting a declaration on withdrawal within 14 days from the date of conclusion of the Services Agreement. This time limit is considered observed if the communication concerning the exercise of the right of withdrawal is sent before that period has expired. The declaration on withdrawal should be sent to the following address: Sparkly ul. Wadowicka 6, 30-415 Kraków, Polska or by email to the address: contact@sparkylive.com. The model withdrawal form is attached to these regulations. You may also withdraw from the Services Agreement without using this form, it is enough that you make any other unequivocal statement setting out your decision to withdraw from the Services Agreement. As per applicable legal regulations a consumer may not withdraw from the Services Agreement if the Services have been fully performed or the performance has begun with their prior express consent, and with the acknowledgement that a consumer will lose their right of withdrawal once the Services have been fully performed by Sparkly or the performance has begun.

15. Complaint Handling Policy
You may file complaints regarding operations of the Services. Complaints should be notified to Sparkly in writing to the address: Sparkly sp. z o.o., ul. Wadowicka 6, 30-415 Kraków, Polska or by e-mail to the address: contact@sparkylive.com. It is recommended that the complaint include a brief description of the disruption, circumstances (including date) of its occurrence, data of submitting the complaint and your request in connection with the disruption. Sparkly will respond to the complaint immediately, but no later than within 14 days from the date of receipt of the complaint. If Sparkly does not respond to the claim within 14 days, you may consider that your request was recognized. Sparkly  reserves the right to respond to your complaint only and exclusively via e-mail.

16. Miscellaneous Provisions
If you are a consumer, you may use the possibility of having recourse to an out-of-court complaint and redress mechanism in the event of any dispute related to the performance of the Services Agreement. The detailed information on the  possibilities of out-of-court complaint and redress mechanism as well as rules of access to these procedures are available at the offices and on the websites of your local consumer protection authorities. If you are a Polish consumer, you may, in particular, contact your district (municipal) consumer ombudsmen, Voivodeship Inspectorate of Trade Inspection or use the following website addresses of the Office for Competition and Consumer Protection: http://www.uokik.gov.pl/spory_konsumenckie.php, http://www.uokik.gov.pl/sprawy_indywidualne.php, http://www.uokik.gov.pl/wazne_adresy.php.  All disputes arising out of the Services Agreement between Sparkly and the customer who is not a consumer shall be subject to the court having jurisdiction over the seat of Sparkly. To all matters not settled in these Terms provisions of Polish law apply.

The content of these Terms is available free of charge under the following link: www.sparklylive.com where you may view it and print at any time. Sparkly may revise these Terms from time to time, the most current version will always be at www.sparklylive.com. In case of revision of these Terms Sparkly will notify you via the e-mail associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.