The terms of this agreement ("Terms of Service") govern the relationship between you and spendspark, (hereinafter "spendspark" or "Us" or "We") regarding your use of spendspark's games, store, sites and related services (the "Service"). Use of the Service is also governed by spendspark's Privacy Policy and other relevant policies, which are incorporated herein by reference.
These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and spendspark with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and spendspark with respect to this Site and your use of this Site.
Intellectual Property
For the avoidance of doubt, we are the owner or the licensee of all intellectual property rights in our Site. All such rights are reserved. We acknowledge and agree that you retain ownership in any copyright you may have in the Content you submit or upload to the Site. Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
User Contributions
The Website may allow users to contribute content, such as comments or forum posts. By contributing content to the Website, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You represent and warrant that you own or otherwise control all of the rights to the content you contribute, that the content is accurate, and that use of the content will not cause injury to any person or entity.
Third-Party Links
The Website may contain links to third-party websites or services that are not owned or controlled by the site. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that the site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
User Content
"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through a spendspark game client or the Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission is
(a) accurate and not confidential or misleading;
(b) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content;
(c) free of viruses, adware, spyware, worms or other malicious code; and
(d) you acknowledge and agree that any of your personal information within such content will at all times be processed by spendspark in accordance with its Privacy Policy.
Disclaimer and Limitation of Liability
a. Disclaimer: The Website is provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. We disclaim all warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.
b. Limitation of Liability: In no event shall we be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with your use of the Website, even if we have been advised of the possibility of such damages. This includes, but is not limited to, damages for loss of profits, data, or other intangible losses.
Changes to Terms of Use
We may revise these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Site.
If you have any questions about this Site or these Terms of Use, please contact us via email at [email protected] with “Terms of Use” in the subject line.
By accessing or using the Website, you agree to be bound by these Terms and to comply with all applicable laws and regulations regarding your use of the Website. If you do not agree with these Terms, you are prohibited from using or accessing the Website.