Sparkly Terms

TERMS OF SERVICE

These Terms were last updated on July 12, 2016.

Sparkly (“Sparkly”, “Application”, “App”, “we”, “our”, or “us”), is a photo sharing service of Ingizmos, LLC, which allows you to automatically share photos with other users of this Application in your immediate proximity. Users of this Application (“users”, “you”, or “your”) include all visitors who access the contents of the Application, including but not limited those who register an account with us.

Agreement to these Terms. These Terms of Service (“Terms”) as well as our Privacy Policy bind you each time you visit or use the Sparkly Application. If you do not agree to these Terms or our Privacy Policy, please do not use this Application. In case you are using this Application in your work or business capacity or on behalf of a company or any other legal entity (for instance, your employer), you represent and warrant that you have the authority to bind such company or legal entity to these Terms. In all such cases, “you” or “your” will refer to the company or legal entity you are representing.

Updates and Amendments. These Terms may be updated, reviewed or amended from time to time, at the sole discretion of Sparkly. Material changes (if any) to these Terms will be indicated by notice on our home page. You should periodically refer to any changes made to these Terms. Continued use of this Application, or use of any of the services offered on this Application, will thereafter constitute your deemed acceptance of the revised Terms.

Intellectual Property. Unless expressly specified to contrary, the text, graphics, logos, including the arrangement of content, and the “look and feel” of this Application (together, “Our Content”), is the copyright of Sparkly, and are protected by copyright, trademark and other intellectual property laws in the United States of America and other countries. The Sparkly brand and the Sparkly logo are registered trademarks of Sparkly, and cannot be reproduced, copied, imitated or used without our explicit written permission. You may not download any selections of this Application or Our Content made available on it. Reproduction, modification, copying or distribution of any part of the Application, is expressly prohibited without written permission from Sparkly. Our Content made available this Application remains our property and is our copyright. All rights are reserved by Sparkly.

Your Content. Any content, including but not limited to photographs, pictures, images and video clips which you upload onto the App (“Your Content”) is owned by you. Sparkly does not claim any ownership on Your Content. You grant Sparkly a non-exclusive, royalty-free, perpetual, sub-licensable, worldwide license to use Your Content, in accordance with our App’s Privacy Policy. You can choose which users to share Your Content with (“Friends”), and you can choose to make any of Your Content available on the public stream of this App. You represent and warrant that you are the owner of Your Content, and are not violating any third party rights by posting Your Content on our App. We do not necessarily endorse Your Content, and have no obligation to monitor, edit, remove or prescreen Your Content. You are solely liable for any of Your Content posted on this App. You are also solely responsible for your interaction with other users on this Application, including your Friends, both online and offline, and Sparkly is not liable for the conduct of any of its users.

Copyright Protection and Complaints. The Digital Millennium Copyright Act (“DMCA”) protects the intellectual property rights associated with Your Content. In case you think that some user or Sparkly itself is infringing your intellectual property rights through our App, you can promptly contact us, and we will reserve the right to delete content alleged to be infringing, and even terminate the accounts of repeat offenders.

Eligibility. You must be of at least 13 years of age to use this Application. You agree and warrant that none of Your Content shall be of a pornographic, violent, discriminatory, unlawful, hateful, nude, partially nude or sexually suggestive nature, or harmful, deceptive, defamatory, or otherwise objectionable in any manner. You also represent and warrant that none of Your Content infringes the rights of any other third party.

Opening an Account. To enjoy full use of our services, you are required to register an account with us, where you must choose an username and a password (“Login Information”). You can also choose a third party site like Facebook to login, in which case Sparkly will have access to your profile picture and other login credentials. You must make every effort to keep your password safe. You may not transfer or sell your Login Information to any other person, or allow anyone, directly or indirectly, to use your Login Information. To further understand how we use your information or who we disclose it to, please refer to our Privacy Policy.

Termination and Refusal. Sparkly reserves the right to terminate your account or refuse use of our services in certain circumstances at our sole discretion, including but not limited to you or Your Content not meeting the “Eligibility” criteria or you being in violation of any other criteria as mentioned in these Terms.

Third Party Sites. Our Application may contain links to other third party sites. As third party sites are beyond our control, we do not accept any responsibility in connection with such third party sites which may be accessible or linked through our Application. By linking a third party webpage, we do not endorse any of the contents of these third party websites, nor do we accept any liability for anything encountered therein. Users are advised to access such third party sites linked through our Application, with caution and at their own risk.

Security. You agree that any material downloaded or otherwise accessed through this Application is at your own risk. Sparkly will not be responsible for any damage to computer systems or devices, or any loss in data arising from accessing or using this Application. Sparkly does not warrant that this Application or its servers are free from viruses or other harmful mechanisms. In the absence of negligence on our side, Sparkly cannot be held liable for any unauthorised access to protected information by third parties.

Limitation of Liability. Sparkly takes reasonable efforts to ensure that accurate and up-to-date information is displayed on all pages of its Application, including the content of the Applications’s blog or the information made part of its newsletters. Our Content on this Application has been prepared with reasonable care, and is believed by Sparkly to be true as on date of preparation of this Application, or the date of subsequent updates. However, we make no representation or warranty regarding the accuracy or completeness of Our Content, or any other content contained in or accessed through our Application. There may be technical inaccuracies, or other errors in Our Content uploaded, including typographical errors. We do not represent or warrant that the Application shall be error free, or can be used uninterrupted. Sparkly shall not be liable for any incidental, direct or indirect losses or damages, including damages arising from tort, contract, strict liability or other, arising to you or any other third party from use of Our Content on this Application or from the use of any services provided by this Application.

Indemnity. You agree to indemnify Sparkly, its service providers and affiliates, and keep them indemnified against all loss, damages or costs (including legal costs) arising from you breaching these Terms.

Governing Law. These Terms together with the Privacy Policy and the use of this Application will be governed in accordance with the applicable laws.

Contact Info. If you have any questions about these Terms or the Services, please contact Sparkly at legal@sparklyapp.com, or Ingizmos, LLC, 2711 Centerville Road, Suite 400 Wilmington, Delaware 19808.