Terms of Service
Last updated: November 16, 2022
TERMS OF SERVICE AND CONDITIONS
This Terms of Service and Conditions document (the “TOS”) governs your access to and the use of the SPARWK website (“WEBSITE”), including its blog (“BLOG”), and also our application softwares (“APPs”).
By using our WEBSITE, APPs or any of our SERVICES, you are agreeing to these TOS and entering into a legally binding contractual relationship with SPARWK AS, Enterprise Registration nº 923205985, Kai 9, Pir II 13A, 7010 Trondheim, Norway, (“SPARWK”). You also understand and agree that your continued access to or use of our WEBSITE, APP or SERVICES after any posted modification to these TOS indicates your acceptance of the modification of its terms.
Any references to “You” and “Your” refer to you, as a user of the WEBSITE, APPs, or SERVICES. References to “We”, “Us” and “Our” refer to SPARWK. Any references to “APPs” refer to any of our APPs, regardless of whether you have downloaded or registered to all of them or not.
1. Permissions to Use the Website and its Contents
We grant you permission to use the WEBSITE subject to the restrictions in these TOS. We may terminate your permission to use the WEBSITE for any conduct that we consider to be inappropriate, or for your breach of these TOS.
13. Designated agent under the Digital Millennium Copyright Act
The Digital Millennium Copyright Act (“DMCA”) provides for notice to service providers of claims of unauthorized use of copyrighted materials. Under the DMCA, a claim must be sent to the service provider’s Designated Agent. If you believe in good faith that SPARWK should be notified of a possible online copyright infringement involving any SPARWK WEBSITE, please notify our law firm:
CMS Kluge Advokatfirma AS
Bryggegata 6, 0117 Oslo, Norway
Web: www.cms-lawnow.com
Linn Cathrine Jøsendal (Senior Lawyer)
Email: linn.cathrine.josendal@cms-kluge.com
Please be aware that, in order to be effective, your notice of claim must comply with the detailed requirements set forth in the DMCA (see 17 U.S.C. Sec. 512(c)(3)).
2. Website Availability
The WEBSITE may be modified, updated, interrupted, suspended or discontinued at any time, for any or no reason, without notice or liability to SPARWK.
4. Blog Comments
You acknowledge and agree that SPARWK will constantly undertake efforts to keep an ethical, respectful, and friendly environment for all users of our BLOG and APPs. You agree to undertake these same efforts.
SPARWK reserves the right to hide or delete:
(A) Comments deemed to be spam or questionable spam;
(B) Comments including racist, ableist, sexist, and other offensive language or concepts;
(C) Comments that attack or unduly exposes personal information from a person or a group of people;
(D) Comments that are unrelated or irrelevant to the subject of the post;
(E) Information that is confirmed to be false, inaccurate; whether it violates a third party’s rights or not.
In addition to the situations above described, SPARWK will also delete or modify comments or information when such is ruled by a legal decision.
3. User Accounts
You may need to register to use parts of the WEBSITE, including, but not restricted to, its BLOG. We may reject or require that you change any username, password or other information that you provide to us in registering and using the WEBSITE and BLOG.
You will need to register to use our APPs. Your registration is subject to agreement with these TOS, our Privacy Policy, and our Biometric Data Policy.
Your username and password are for your personal use only and should be kept confidential. For information on how we will use your information regarding your user account, please refer to our Privacy Policy.
You are responsible for any use of your username and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your username and password, or your account.
By registering, you affirm and certify that all information provided by you or your legal representative is correct, accurate, and complete and does not infringe third parties rights, including, but not limited to accolades, song credits or any other type of copyright ownership. You acknowledge that SPARWK shall not be liable for any claims or damages resulting from the incorrect, incomplete or malicious information provided by you or your legal representative and that any liability shall be imputed to you or your legal representative.
We reserve the right to close your account at any time, at our sole discretion, for any reason whatsoever. We also reserve the right to modify or delete information when it is confirmed that it is false or inaccurate, for any reason.
Furthermore, we reserve the right to reveal your identity (including whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you or when necessary to protect safety and security.
5. Third Party WEBSITES
Our WEBSITE or APPs may include links to other websites or applications (“THIRD PARTY WEBSITES”). Please note that we do not fully know nor can control which and how data is processed through THIRD PARTY WEBSITES. If you wish to control this information, you can use your profile options in each of these platforms or contact the platform owners’ or operators’ through the means made available by them.
You understand and agree that we are not responsible for the availability, safety, intellectual property, contents or data processed by any THIRD PARTY WEBSITES, and that your use of any THIRD PARTY WEBSITE is at your own risk.
6. Restrictions
You agree not to, and will not assist, encourage, or enable others to:
(A) Utilize any robot, spider, WEBSITE search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the WEBSITE or APPs;
(B) Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the WEBSITE or APPs, or on any materials printed or copied from them;
(C) Record, process or mine information about other users;
(D) Reformat or frame any portion of the WEBSITE or APPs;
(E) Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on SPARWK technology infrastructure or otherwise make excessive traffic demands of the WEBSITE or APPs
(F) Attempt to gain unauthorized access to the WEBSITE, APPs, user accounts, computer systems or networks connected to the WEBSITE through hacking, password mining or any other means;
(G) Use any device, software or routine that interferes with the proper working of the WEBSITE or APPs, or otherwise attempt to interfere with the proper working of the WEBSITE or APPs;
(H) Use the WEBSITE or the APPs to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the WEBSITE or the APPs;
(I) Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the WEBSITE or APPs, features that prevent or restrict the use or copying of WEBSITE or APPs content or features that enforce limitations on the use of the WEBSITE or APPs.
7. Ownership of intellectual property
All material on the WEBSITE, APPs, and any medium through which you have access to our SERVICES, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, non-identifiable resulting data which you have agreed to contribute to generating, data compilations, and software is owned, controlled by, or licensed to SPARWK and is protected by copyright, trademark, and/or other intellectual property rights.
Material on the WEBSITE and APPs are made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by email or other electronic means, without the express prior written consent of SPARWK in each instance. Your PROFILE in SPARWK PASSPORT can be shared and used for your legitimate interests enabled by our SERVICES.
You may download material intentionally made available for downloading from the WEBSITE for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
You retain the copyrights and other intellectual property rights of the content you produce (as in blog comments and other contributions), but you acknowledge and agree that it may serve as reference for the improvement and development of new services, content and other types of intellectual property, with no credit or contribution owned to you unless we decide to use your intellectual property. You understand and acknowledge that ideas are not subject to copyright or any other form of intellectual property protection, and therefore, we may develop new services, content and other types of intellectual property based on the ideas and feedback you provide.
8. Unsolicited submissions
SPARWK does not accept unsolicited materials through its WEBSITE, except for any, eventual application forms made available through our Careers page. If you wish to contribute with ideas or suggestions, you can contact us through our proper contact channels.
Any information or material submitted or sent to us will be deemed not to be confidential or secret. By submitting or sending information or other material to us you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
9. Privacy policy
10. Indemnification
You agree to indemnify, defend and hold harmless SPARWK and its affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from:
(A) your access to or use of the WEBSITE and/or the APPs;
(B) your violation of the TOS;
(C) the incorrect, incomplete, or malicious information provided by you or your legal representative when registering and/or using our APPs;
(D) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
SPARWK reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you
Use of our WEBSITE and APPs are also governed by our Privacy Policy, which is incorporated into these TOS by reference.
11. Warranty disclaimer and limitations of liability
Each of the subsections below only applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited.
A) The WEBSITE and APPs are made available to you on an “as is”, “with all faults” and “as available” basis. Your use of the WEBSITE is at your own discretion and risk. You understand that the content of the WEBSITE and BLOG do not constitute legal or financial advice, nor advice of any kind, and are published merely for educational/informational or entertainment purposes.
Accordingly, SPARWK is not liable to you for any loss or damage that might arise from your use of the WEBSITE, APPs, or any of our SERVICES.
B) SPARWK expressly disclaims all warranties, whether express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the WEBSITE, APPs, or any of our SERVICES.
C) SPARWK is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the WEBSITE, APPs, or any THIRD PARTY WEBSITE. Your sole and exclusive right and remedy in case of dissatisfaction with the WEBSITE, shall be your termination and discontinuation of access to, or use of the WEBSITE or APPs.
12. Choice of law and venue
These TOS shall be governed by, and construed in accordance with, the internal laws of Norway without regard to the application of any conflict of laws principles.
You and we agree to submit to the exclusive jurisdiction of the courts of Oslo, Norway.
You and we hereby waive any claim of lack of personal jurisdiction, lack of subject matter jurisdiction or forum non convenience in connection with any dispute hereunder.