SPARK NEXA
Terms of Service
Last Updated: [ 01 ] 2024
1. INTRODUCTION
1.1 SPARK NEXA applications and the related websites (“SPARK NEXA”) are owned and operated by SPARK NEXA PTE. LTD.and its affiliates (collectively, “we”, “us”, “our” or the “Company”).
IF YOU DOWNLOAD, INSTALL AND USE SPARK NEXA AND RELATED SERVICES PROVIDED BY US (COLLECTIVELY, THE “SERVICE”), WHETHER IN WHOLE OR IN PART, YOU ARE DEEMED TO (A) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO BE BOUND BY; AND (B) AGREE TO BE BOUND BY AND ACCEPT, THESE TERMS OF SERVICE, THE PRIVACY POLICY AND OTHER POLICIES, TERMS OR DOCUMENTS PUBLISHED AND AVAILABLE ON SPARK NEXA, AS MODIFIED AND UPDATED FROM TIME TO TIME, WHICH ARE EXPRESSLY INCORPORATED BY REFERENCE (THESE “TERMS”).
1.2 If you are using our Service on behalf of a company, association, partnership, organization or other entity, whether in part or in whole, then you agree, represent, warrant and undertake that (a) “you” and “your” includes you and the company, association, partnership, organization or other entity that you represent; (b) you are duly authorized by, and will remain authorized by, such company, association, partnership, organization or other entity to agree on its behalf and bind such company, association, partnership, organization or other entity to these Terms; and (c) the company, association, partnership, organization or other entity is legally responsible for your use of the Service as well as for the use of your SPARK NEXA account (“Account”) by any other individual authorized by such company, association, partnership, organization or other entity, including without limitation any officers, directors, employees, agents and advisors of such company, association, partnership, organization or other entity.
1.3 YOU MUST CAREFULLY READ AND FULLY UNDERSTAND THESE TERMS, INCLUDING ANY TERMS THAT MAY EXEMPT OR RESTRICT THE COMPANY’S LIABILITIES AND/OR RESPONSIBILITIES AND ANY TERMS THAT MAY RESTRICT AND/OR WAIVE YOUR RIGHTS, AS THEY APPLY TO YOUR USE OF THE SERVICE. YOUR USE OF THE SERVICE IS CONDITIONAL ON YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH OR ACCEPT THESE TERMS, YOU SHALL NOT DOWNLOAD, INSTALL OR USE SPARK NEXA OR ANY OF THE OTHER SERVICES.
1.4 In order to provide better services, we reserve the right to amend, replace and/or otherwise update these Terms from time to time. We will use commercially reasonable endeavors, but do not guarantee, to notify you of any material changes to these Terms. For example, amendments to the Terms will be notified to you the next time you login to your Account after the updated Terms have become effective and you will have the option to review and agree to the updated Terms. If you do not agree with or accept the updated Terms, you will not be able to continue to use SPARK NEXA or any of the other services. The updated Terms shall become effective and replace the original Terms at the time of posting on SPARK NEXA. You shall review these Terms regularly to check for such changes or agree to our updated Terms via clicking in-app notices, push messages or emails. You will be deemed to have read, understood and accepted the updated Terms if you continue to use SPARK NEXA or any of the other services.
1.5 If you reside or use the Service in the country or region specifically mentioned under the section “Country / Region Specific Provisions” below, these terms and conditions shall specifically apply to you. In the event of a conflict between the relevant terms in the section “Country / Region Specific Provisions” and the rest of these Terms, the relevant country / region’s terms will supersede and control.
2. REGISTRATION AND USE
2.1 Your Eligibility
(a) Anyone under the age of 16 or the relevant legal minimum age in your country / region (“Minimum Age”) shall not use the Service.
(b) If you are under the Minimum Age (i.e. a minor), you may only use the Service if you have obtained the verifiable written consent of your parent or legal guardian who also agrees to be bound by these Terms. To the extent required under applicable laws and regulations, it is your obligation to provide us with evidence of such parental or legal guardian consent.
(c) If you are a minor in your country or region, your use of the Service may be subject to age restrictions, whether imposed by us or any third-party vendor. You may be unable to use our services and/or third-party vendor services, including collecting certain cash rewards earned through the use of the Service, without the assistance of your parent or legal guardian.
(d) If you learn that a minor has registered for an Account without first having obtained their parent or legal guardian’s written consent, please alert us at game-service@sparknexa.com. We will promptly conduct verification processes, take steps to remove such minor’s account information from SPARK NEXA and terminate the minor’s Account.
2.2 License
(a) We hereby grant you a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use SPARK NEXA only on your smartphone, tablet, computer or other mobile or wireless device (which must be designated by us as being compatible for use with SPARK NEXA).
2.3 Account Registration
(a) In order to access SPARK NEXA, you are required to obtain an Account and become a user of the Service (“User”). You can log in SPARK NEXA using the user name and the password you created and/or provide from time to time.
(b) You shall provide us with information and complete all the registration procedures according to the instructions on the registration page. By creating an Account:
(i) you undertake to and shall provide true, accurate, up-to-date, and complete information as we may from time to time request, and shall not provide us with any false or misleading information;
(ii) you authorize us to assume that any person using SPARK NEXA with your user name and password is either you or is a person authorized to act for you;
(iii) you must not impersonate or attempt to impersonate another person; and
(iv) you must safeguard any user name and password of your Account and keep them secret and confidential.
2.4 Account Safety and Management
(a) You undertake to, and shall, comply with all applicable laws and regulations when you are using SPARK NEXA and any of the Service.
(b) If you authorize any person to act for you in relation to the use of SPARK NEXA, you will ensure that they comply with these Terms at all times.
(c) You are responsible for ensuring that your Account is secure. You are advised to take care of your Account and to log out appropriately. You must secure the user name and password associated with your Account and regularly change it.
(d) Your Account can only be used by yourself and you may not lend, give away or rent the Account or transfer, sell or share the Account in breach of these Terms. You shall notify us immediately when your Account is used without authorization. You can request us to suspend the login and use of your Account. You shall provide valid personal identity information that is consistent with the registered identity information of the Account upon our request. Otherwise, we reserve the right to refuse your request. We will take measures promptly to suspend the login and use of your Account if the valid personal identity information you provide is verified to be consistent with the registered identity information of the Account. Otherwise, the unauthorized use will be treated as an act of you and you shall be solely liable for all loss, damages and consequences arising therefrom, including but not limited to online signatures of various agreements, release of information, purchase of commodities and services as well as disclosure of information under these Terms. If the use of your Account is deemed to threaten the safety of your Account, the Accounts and/or information of other Users and/or the security or system integrity of SPARK NEXA, we have the right to suspend and/or terminate your Account and/or stop providing the Service immediately without notice to you at our sole discretion.
(e) We may immediately, without notice terminate this Terms with you and suspend or terminate your Account if (a) you have materially breached your obligations under these Terms or other related documents; (b) you have violated applicable laws, regulations or third-party rights; or (c) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of the Company, Users, or third parties.
(f) You shall not use SPARK NEXA and the Service to conduct money laundering and/or terrorist financing activities in any way, shape or form. We will closely monitor such acts and investigate any abnormal activity relating to any large amount of Virtual Items (defined in Section 5.1 below). We reserve and you acknowledge that we have the right to suspend or terminate the Account. We also reserve the right to cooperate with competent authorities, including but not limited to conducting investigations, collecting evidence of such money laundering and/or terrorist financing activities and providing identity information and the transaction records of associated Accounts.
3. INSTRUCTIONS OF CONDUCT
3.1 You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of SPARK NEXA and shall not use SPARK NEXA to upload, download, send or transmit sensitive information and information in violation of applicable laws and regulations, including but not limited to information:
(a) opposing the basic principles defined by any national constitution or similar laws of your jurisdiction;
(b) endangering national security, divulging state secret, subverting state power, and undermining national unity;
(c) harming national honor and interests;
(d) inciting ethnic hatred or ethnic discrimination and undermining ethnic solidarity;
(e) undermining national religious policies and customs;
(f) spreading rumors, disturbing social order and undermining social stability;
(g) spreading or otherwise justifying obscenity, eroticism, gambling, violence, homicide, body injury, terror, instigating the crime or encouraging to commit any of the above, or other actions that pose a threat to people’s lives or health, or violent or cruel actions towards people or animals;
(h) insulting or slandering other people and infringing other people's legal rights and interests;
(i) distributing works not created by Users themselves which may involve copyright, patent, trademark, trade secret or other intellectual or proprietary right disputes;
(j) exploiting minors;
(k) spreading information on the methods of manufacturing and use of drugs, psychotropic substances and their precursors or encouraging to use any of them;
(l) spreading information on methods of committing suicide, as well as calls for suicide;
(m) demonstrating sexual acts;
(n) containing obscene language;
(o) containing pornographic content; and
(p) containing other content prohibited by laws and administrative regulations.
3.2 You shall understand and undertake not to or not to allow anyone else to engage in the following prohibited activities:
(a) impersonating others or organizations, falsely claiming to be connected with any one or entity, including setting false Account name or accessing the Account of another User, or maliciously using the registered Account to mislead other Users when registering an Account or using SPARK NEXA and the Service, including but not limited to uploading, publishing and transmitting information;
(b) using SPARK NEXA to transmit any information that is harassing, libelous, abusive, intimidating, vulgar or obscene, or any other illegitimate information;
(c) using the Service for any unauthorized commercial or other purposes not expressly permitted by these Terms, including without limitation spamming, unsolicited or unauthorized advertisements, publicity materials, promotional materials or any other commercial communications;
(d) engaging in any illegal activities or transactions, including teaching people how to commit crimes, selling any illegal drugs, money laundering or defrauding;
(e) providing any advices, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
(f) engaging in behavior to punish other users such as deducting virtual items if a user has obtained them by violating the rules and banning the user's account if a user has engaged in prohibited activities;
(g) using or exploiting any of the Company’s Intellectual Property Rights;
(h) imitating SPARK NEXA’ appearance design and functions;
(i) accessing SPARK NEXA and the Service and collecting or processing content made available through SPARK NEXA and the Service by using any automatic program, software, engine, web crawler, web page analytics tool, data mining tool or similar tools;
(j) decompiling, reverse compiling or reverse engineering any of the software used by SPARK NEXA and the Service or seeking to do any of the foregoing, including determining or attempting to determine any source code, algorithms, methods or techniques embodied by the Service or any derivative works thereof;
(k) distributing materials containing viruses, network worms, Trojan horse viruses, corrupted files or other malicious codes or items that disturb, destroy or restrict the functions of computer software, hardware or communication devices, SPARK NEXA and the Service, or servers and networks connected with SPARK NEXA and the Service;
(l) collecting or storing personal data about other Users;
(m) without our written consent, distributing, licensing, transferring, or selling, in whole or in part, any of the Service or any derivative works thereof;
(n) creating multiple Accounts for disruptive or abusive purposes, or maliciously uploading large amounts of repetitive and invalid data and information;
(o) engaging in any actions undermining the fairness of the SPARK NEXA platform and/or the Service, or other actions disturbing the proper normal order of the application, such as disrupting our website or any networks connected to the Service, bypassing any measures we may use to prevent or restrict access to the Service, trading reviews with other Users or writing or soliciting fake reviews, proactive or passive score cheating, collaborative cheating, using plug-ins, other cheating software or bugs to obtain improper illegal interests, or leveraging the Internet or otherwise to bring plug-ins, cheating software and bugs to the public;
(p) without our authorization, removing any watermark of the “SPARK NEXA” brand displayed in or along with the Service or any content made available through SPARK NEXA;
(q) without our authorization, making reference to the “SPARK NEXA” brand for any promotional, advertising or commercial purposes, including using phrases such as “in partnership with SPARK NEXA” and “co-produced with SPARK NEXA” via any channel or media including but not limited to independently-operated social media accounts. For the avoidance of doubt, you may mention any programs themselves in a promotion campaign but not mention their connections with SPARK NEXA or make promotions with “SPARK NEXA” brand in campaigns and promotion of collaboratively-produced programs. You must secure our written approval for any publicity articles containing the brand “SPARK NEXA”. Otherwise, you shall indemnify us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, demands and/or damages arising therefrom; and
(r) violating any applicable laws, regulations, rules, articles and other norms with legal effect.
All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of the above.
3.3 We make or give no condition, representation, warranty or guarantee as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content or information made available to you through SPARK NEXA and any of the other Service (the “Content”) and, to the fullest extent permitted by applicable laws, all implied warranties, conditions or other terms of any kind are hereby excluded. SPARK NEXA and our Service may display Content that is not produced or owned by the Company and is for general information purposes only. This Content is the sole responsibility of the person that makes it available. You should check any Content and exercise your own judgement before acting upon any of the Content. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. You agree that your accessing and viewing of such Content is at your own risk. In case of doubt, you should seek your own independent advice with respect to any Content.
3.4 We cannot and do not guarantee that any Content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of SPARK NEXA and the Content made available through it. Please ensure that your device, its operating system, and SPARK NEXA are completely up to date with all available security software, patches and updates.
3.5 If your use of SPARK NEXA results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
3.6 We have the right but not the obligation to review, monitor, examine and verify the Content uploaded or published by you or other Users for compliance with applicable laws and regulations, requirements of competent governmental authorities and our internal policies. In addition to complying with the content removal orders from relevant judicial or administrative authorities or requests of the Users or any third persons, in response to complaints from other Users or any third parties, or if we, in our sole discretion, believe that any Content does not comply with these Terms, we may take any measures, including without limitation of removing or refusing to display such Content.
4. COMMERCIAL BEHAVIORS
4.1 You understand and hereby agree that revenue and value may be generated by your use of SPARK NEXA, via ways including without limitation our sales of advertisement, broadcasting service in SPARK NEXA, cooperation with other third party, etc. Subject to these Terms, our express written consent and/or agreement with you, you agree that you:
(a) are not entitled to share such revenue and/or value;
(b) are not entitled to receive any payment and/or other consideration from any Content you uploaded to SPARK NEXA; and
(c) are not entitled to engage in activities to monetize any Content you uploaded to SPARK NEXA, including without limitation publishing advertisements in violation of these Terms.
4.2 The Company provides formal and special channels for advertisements publication through SPARK NEXA and the Service, and will examine and verify such advertisements. You are prohibited from publishing commercial information (including but not limited to any advertising materials, sales materials, etc.) on SPARK NEXA other than the advertisements published through the aforesaid SPARK NEXA’ formal and special channels. If you are in breach of the above provision, we reserve the right to take any actions, including without limitation restricting or prohibiting you from using the Service wholly or partially, suspending or terminating your Account, or keeping the related information and delivering or reporting to related authorities.
4.3 You agree and authorize us to publish any commercial advertisements or any other types of commercial information (including but not limited to publish advertisements on any pages of SPARK NEXA) to you while providing the Service and you agree and authorize us to send you sales and other commercial information using contact information provided by you to us for the purposes of registration and maintenance of the Account (including your email, phone number and other contact information).
4.4 Your correspondence or dealings with, or participation in promotions of, any third-party advertiser on SPARK NEXA are solely between you and such advertisers. We will not be liable or responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of advertisements on SPARK NEXA.
5. VIRTUAL ITEMS AND GAME COINS
5.1 For the purposes of promoting and developing SPARK NEXA, we may initiate SPARK NEXA’ incentive programs within our Service (the “Incentive Program”), which includes virtual items such as [skins, items , emojis etc.] (“Virtual Items”) and game coins ( “Game Coins”)SPARK NEXA. You irrevocably acknowledge and agree we have the absolute right to, in our sole discretion, manage, modify, update and/or cancel, the whole or part of the Incentive Program from time to time, whether in specific or general cases, including without limitation certain features for our Service.
5.2 For the avoidance of doubt, Virtual Items and Game Coins within SPARK NEXA shall be used solely within SPARK NEXA as part of our Service and shall not be used or be transferred, assigned, sold beyond SPARK NEXA in any way, including without limitation be exchanged for any legal currency of any country or region.
5.3 [All Users can purchase Virtual Items and Game Coins via the payment channels of Apple, Google or any other payment channel available to you within SPARK NEXA. Price and currencies for purchasing Virtual Items and Game Coins would be specified in-app when you make the purchase. Transaction fees, foreign currency exchange fees or other fees may be charged by the payment service provider based on your agreement with the payment service provider and shall be borne by you.
5.4 Your Account would be credited with the Game Coins upon completion of your purchase and payment. Your Game Coins may not be transferred to any other User of the Service or any third party except as otherwise provided in these Terms or with our express written consent.
5.5 Virtual Items may be exchanged with Game Coins, the exchange rate of which would be provided within SPARK NEXA at the time of exchange. Virtual Items would be credited to your Account once the exchange is completed and the corresponding amount of Game Coins would be deducted from your Account.SPARK NEXA.
5.6 All sales or exchange of Virtual Items are final and cannot be refunded.
5.7 SPARK NEXA has the sole right to adjust/modify the Virtual Items. The validity of any Virtual Items purchased is based on the period shown to you at the time of purchase or as at the termination of this Agreement (in case the Services are to be terminated).
5.8 You agree that all taxes and fees (including any related penalties or interest) arising out of and/or related to using of our Service, including our payment services or purchasing and exchanging Virtual Items, would be borne and paid by you. To the extent we are required by applicable laws to withhold certain tax and/or fees, we shall do so with or without notice to you and you agree to provide necessary assistance in order for us to fulfill such obligations, including by providing necessary information and documents.
5.9 All Virtual Items of an Account would be suspended or terminated once the Account is suspended or terminated under these Terms. All Virtual Items do not constitute real or personal property and are not transferable: (a) upon death; (b) as part of a domestic relations matter; or (c) otherwise by operation of law or equity.
5.10 You irrevocably acknowledge and agree that violation of this Section 5, including without limitation spamming and making fraudulent transactions, constitutes a severe violation of these Terms and we are entitled to regulate, control, manage, suspend and/or terminate the applicable Account, including all Virtual Items, in our sole discretion as we deem appropriate and we will not be liable to you for any loss or damage of any sort incurred as a result of us exercising such right.
6. INTELLECTUAL PROPERTY RIGHTS AND CONTENT
6.1 Service
(a) Except for your User Content, as between you and the Company, the Company or its applicable licensors own all right, title and interest in and to the Service, including any and all trademarks, service marks, trade names, trade dress, works of authorship and art, copyrights and copyrightable materials (including without limitation titles, computer code, designs, catch phrases, locations, and any related documentation), music, lyrics, domain names, ideas, logos, submissions, writings, concepts, themes, places, moral rights, rights of publicity, packaging, personality and privacy rights, utility models, other industrial or intangible property rights of a similar nature, and all other forms of intellectual property rights recognized by applicable laws, treaties, and conventions, and all inventions, software, technology that are patentable in such matter, including patents, utility models, know-how and trade secrets, all grants and registration worldwide in connection with the foregoing and all other rights with respect thereto existing other than pursuant to grant or registration, all applications for any such grant or registration, all rights of priority under international conventions to make such application and the right to control their prosecution, and all amendments, constitutions, divisions and continuations of such applications, and all corrections, reissues, patents of addition, extensions and renewals of any such grant, registration or right (collectively “Intellectual Property Rights”).
(b) Using our Service does not give you ownership of any Intellectual Property Rights in our Service or the Content you access, including the following which may be provided by Company, Company’s licensors or other Users of the Service: content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, etc. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. You may not remove, obscure, or alter any legal notices displayed in or along with our Service.
(c) The Company name, and the “SPARK NEXA” name are trademarks of the Company and its affiliates. You may not use the “SPARK NEXA” brand such as by indicating “in partnership with SPARK NEXA” and/or “co-produced with SPARK NEXA” via any channel or media including but not limited to self-media. You can only mention the applications themselves in a promotion campaign rather than suggesting or implying your connections with SPARK NEXA or making promotions with the “SPARK NEXA” brand without our authorization. You may not use the “SPARK NEXA” name or logo without our prior written consent.
6.2 Feedback
We welcome feedback, comments and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Service or in any such Feedback. All Feedback becomes the sole and exclusive property of the Company, and the Company may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to the Company any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property rights) that you may have in and to any and all Feedback.
6.3 License
(a) Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable license to access and use SPARK NEXA and the Service and to download and install a single copy of SPARK NEXA’ mobile application made available as part of the Service onto your own personal mobile device. Company reserves all rights not expressly granted herein in the Service. You acknowledge and agree that we may terminate this license at any time with or without cause.
(b) The content on SPARK NEXA is provided for general information only and not for commercial use. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Service. We make no representations, warranties or guarantees, whether express or implied, that any Service Content is accurate, complete or up to date.
6.4 User Content and Rights Therein
(a) The Company respects and encourages you to upload original content, and we will take measures to protect your intellectual property rights.
(b) You hereby represent and warrant that you are the copyright owner or you have received all necessary authorization, approval, licensing, rights and/or clearances from copyright owner of the Content (including but not limited to text, words, pictures, videos, audios, live shows etc.) that is uploaded, published or transmitted on the Service by you through your Account (the “User Content”) in accordance with this Terms. Whenever you submit User Content to or through the Service, you must ensure that your User Content and your conduct comply with these Terms.
(c) We have the right but not the obligation to review, monitor, examine and verify your User Content for compliance with applicable laws and regulations, requirements of competent governmental authorities and our policies. If we, in our sole discretion, believe that your User Content does not comply with these Terms or in response to complaints from other Users or a third party, we reserve the right to take any measures to address this, including without limitation to delete, alter, move, remove, or transfer such User Content, with no liability of any kind to you, to the maximum extent permitted by applicable laws. We do not provide or guarantee, and expressly disclaim, any value, cash or otherwise, attributed to any data residing on servers operated or controlled by or on behalf of us, including any data attributed to your account.
(d) By using the Service and whenever you submit User Content to or through SPARK NEXA, you grant, or will procure the grant to, us and our affiliates a worldwide, royalty-free, non-exclusive, sub-licensable, unlimited, irrevocable, transferable and perpetual license (but not an obligation) to (i) display the User Content within the Service; (ii) allow other Users of the Service to view, access, play and download the User Content subject to your privacy choices, (iii) use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your User Content works better with our Service), communicate, publish, publicly perform, publicly display and distribute the User Content uploaded or published by you on SPARK NEXA or in any media formats without compensation to you or others, (iv) and pass these rights along to service providers and others with whom we have contractual relationships related to the operation of the Service (e.g., cloud hosting providers) and to otherwise permit access to or disclose your User Content to the extent specifically set forth in the Terms.
(e) We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Service, you agree not to use the Service to infringe on any Intellectual Property Rights. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any User who infringes or is alleged to infringe any Intellectual Property Rights.
(f) The license will not affect your rights in the related User Content; but you should ensure that you are the owner of or you have acquired the license of all the User Content uploaded by you on SPARK NEXA, which shall not infringe any rights of others. If any intellectual property rights owner informs the Company about any copyright infringement behaviors, the Company has the right to delete the related Content and will inform you later if possible, and you shall be liable for any damages or other consequences caused by such infringement.
(g) The whole or part of User Content provided by one User of the Service may be extracted by another User to produce additional User Content, subject to in-app prior approval from the original User, where applicable. When you choose to transmit or upload User Content, which might include content generated by other Users of the Service and/or SPARK NEXA, to other platform or website operated by other third party, you shall do so in compliance with this Terms and user agreement of such other platform or website.
(h) You acknowledge and agree that User Content will be considered non-proprietary and non-confidential. You must not upload or transmit any User Content that you consider to be proprietary or confidential. In SPARK NEXA’ in-app setting, you can decide and control to what extent your User Content is available, whether to all other Users of the Service, certain Users you select or only to yourself, subject to in-app features and functions available in SPARK NEXA.
(i) You acknowledge and agree that we are not the source of, do not verify or endorse, and are not responsible in any manner for User Content, that you are solely responsible to retain adequate back-ups of User Content, that you assume all risks associated with User Content and whenever you make available User Content through the Service, and that you have the sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of User Content.
(j) You acknowledge and agree that we and our affiliate companies may preserve Content, including User Content, and may also disclose Content, including User Content, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to, among other things:
(i) comply with legal process, applicable laws, and lawful requests from government and/or law enforcement agency;
(ii) enforce these Terms;
(iii) respond to claims that any content violates the rights of third parties; or
(iv) protect our rights, property and/or the personal safety of our Users and/or the public.
(k) You understand that even if you delete your User Content from the Service, it may remain available to other Users of the Service – for example, we may not be able to prevent any other Users from storing or archiving any of your User Content that you have shared via the Service.
(l) We reserve the right to moderate, block or remove, with or without notice to you, your User Content for any reason, including, in our opinion your User Content violates these Terms, or as may be required by applicable laws and regulations.
7. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
7.1 Your use of the Service is entirely at your own risk after having carefully considered these Terms and having fully understood its implications on your legal rights.
7.2 We make no representations, warranties or guarantees, whether express or implied, that any Service Content is accurate, complete or up to date.
7.3 Where our Service contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other Users on the Service, such as comments relating to the Service.
7.4 The Service is provided “as is” and we make no warranty or representation to you with respect to it. In particular we do not represent or warrant to you that:
● your use of the Service will meet your requirements;
● your use of the Service will be uninterrupted, timely, secure or free from error;
● any information obtained by you as a result of your use of the Service will be accurate or reliable; and
● defects in the operation or functionality of any software provided to you as part of the Service or website will be corrected.
7.5 No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent that they are expressly set out in the Terms. We may change, suspend, withdraw or restrict the availability of all or any part of our Service for business and operational reasons at any time without notice.
8. LIABILITIES & INDEMNITIES
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAWS.
8.1 You agree to defend, indemnify, and hold harmless us, our parent companies, subsidiaries, and affiliates, and each of our respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including but not limited to attorneys' fees and expenses, arising out of (a) any breach by you or any User of your Account of these Terms, including your use of the Service, your obligations, and representation and warranties herein; (b) your violation of any applicable laws and regulations; (c) your User Content; or (d) your negligence or willful misconduct.
8.2 If you violate or are suspected of violating any laws, regulations, these Terms, and other policies applicable to your use of the Service, the Company has the right to take all necessary measures (including but not limited to detaining the balance of your Account, blocking your Account, revoking your broadcast rights or reporting to the security authorities, etc.) immediately without notice, in order to reduce or eliminate the influence.
8.3 To the fullest extent permitted by law, you acknowledge and agree that any claim or dispute you have with any other third party in connection with the Service (including any other User of the Service or any third-party provider of materials or links appearing on the Service) is between you and such third party and you irrevocably agree to release and hold harmless us from any and all claims, demands and/or damages arising out of such claim or dispute.
8.4 SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(a) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY);
(b) ANY LOSS OF GOODWILL;
(c) ANY LOSS OF OPPORTUNITY;
(d) ANY LOSS OF DATA SUFFERED BY YOU;
(e) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR
(f) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF:
(i) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING;
(ii) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICE, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICE OR WEBSITE (OR ANY FEATURES WITHIN);
(iii) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICE OR WEBSITE;
(iv) YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR
(v) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
OUR TOTAL LIABILITY TO YOU, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE ARISING OUT OF, OR IN RELATION TO, THESE TERMS OR SERVICE, WILL BE LIMITED TO, THE GREATER OF: (I) US$100, OR (II) THE AMOUNT OF PAYMENT MADE BY YOU TO US IN THE PAST 12 MONTHS, UNLESS OTHERWISE MANDATORILY REQUIRED BY APPLICABLE LAWS. PLEASE NOTE THAT WE ONLY PROVIDE THE SERVICE FOR PERSONAL, NON-COMMERCIAL USE. UNLESS YOU HAVE OUR EXPRESS WRITTEN CONSENT, YOU AGREE NOT TO USE THE SERVICE FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
You are responsible for any charges that may apply to your use of our Service, including text-messaging and data charges if you access or use our Service on your mobile device. If you’re unsure what those charges may be, you should ask your service provider before using the Service.
9. YOUR PERSONAL INFORMATION
We collect and process personal data of Users of SPARK NEXA. All personal data is handled in accordance with our Privacy Policy.
10. SENSOR TECHNOLOGY
You acknowledge and agree that we are not responsible for the Touch ID, fingerprint authentication or similar sensor or biometric technology (where available) on the device you access and/or use SPARK NEXA with and we expressly exclude any statutory or other warranty, condition, term or undertaking as to the quality, accuracy or performance of such Touch ID, fingerprint authentication or similar sensor or biometric technology as a means for securing access to and using SPARK NEXA and/or the Service.
11. THIRD-PARTY PROVIDERS
11.1 You acknowledge that certain parts of SPARK NEXA or certain Content made available through SPARK NEXA (other than the User Content) are provided or maintained by third parties and not by us, including payment services. By using the Service, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of any such third-party content or services.
11.2 Prior to access or use of any payment services, you may be required to update SPARK NEXA to the latest version or enable or activate any password or authentication measures or provide password or authentication credentials for such measures. You shall keep your password or authentication credentials secure and confidential at all times.
11.3 We do not guarantee the quality, reliability or suitability of the services provided by any third parties, made available, advertised or linked through SPARK NEXA, and we will bear no responsibility for your use of or relationship with the services provided by any third parties. If you access third-party services through SPARK NEXA, you must comply with any terms and conditions applicable to those services.
11.4 You agree that, we will not be liable or responsible for any loss or damage of any sort incurred as the result of any correspondence or dealing solely between you any third party.
11.5 We may review content or third-party services made available through SPARK NEXA to determine whether or not they comply with any of our policies, applicable laws and regulations or are otherwise objectionable. We may remove or refuse to make available or link to certain content or third-party services if they infringe intellectual property rights, are obscene, defamatory or abusive, violate any rights or pose any risk to the security or performance of the Service.
12. EXTERNAL LINKS
12.1 To the extent where SPARK NEXA contains any link to other websites or resources, the following provisions would apply:
(a) Although these websites or resources are selected with care, we are not responsible for the content or accuracy of any off-site pages or any other sites or resources linked to this SPARK NEXA (including those sites or resources linked through advertisements or through any search engines).
(b) We are also not responsible for the processing of your personal data through these websites or resources.
(c) The fact that we include links to such external websites and resources does not imply any endorsement of, or association with such operators, content or opinions. Your use of websites or resources linked from SPARK NEXA is subject to any terms and conditions applicable to those websites or resources.
13. APPLICABLE LAWS AND JURISDICTION
13.1 To the fullest extent permitted by applicable laws and regulations, the validity, interpretation, modification, supplement, termination, execution of these Terms and any dispute or claim resulting from or in connection with these Terms will be governed by and construed in accordance with the laws of Singapore, provided that nothing shall prevent us from bringing proceedings to protect our Intellectual Property Rights before any competent court in any other jurisdiction.
13.2 Any dispute, controversy or claim (whether in contract, tort or otherwise) arising out of, relating to, or in connection with these Terms, including their existence, validity, interpretation, performance, breach or termination, will be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC rules then in force when the Notice of Arbitration is submitted. The seat of the arbitration will be Singapore. There will be one arbitrator only. The arbitration proceedings will be conducted in English.
13.3 Any disputes arising from or relating to the interpretations or performance of these Terms shall be firstly settled through friendly and amicable negotiation between you and the Company.
13.4 The signature, validity, interpretation, modification, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of Singapore; where the laws are silent, common business practices and/or industry practices will be referred to.
14. MISCELLANEOUS
14.1 Entire Agreement. These Terms constitute the whole legal agreement between you and the Company and govern your use of the Service and completely replace any prior agreements between you and the Company in relation to the Service.
14.2 Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
14.3 No Waiver. The failure of either you or us to exercise or enforce any right or remedy of these Terms will not constitute a waiver of such right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. Any waiver of any provision of these Terms will be effective only if in writing and signed by the relevant party.
14.4 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, including but not limited to any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will survive such termination or expiration.
14.5 Links. You must not establish a link to SPARK NEXA in any website or application that is not owned by you. We reserve the right to withdraw linking permission without notice.
14.6 Security. We do not guarantee that our Service be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access SPARK NEXA. You should use your own virus protection software.
14.7 Amendment. No amendment, variation or waiver of these Terms shall be effective unless it is in writing and duly executed by or on behalf of all of the parties to these Terms. No variation shall constitute a general waiver of any provision of these Terms, and the rights and obligations of the parties under these Terms shall remain in full force and effect save and only to the extent that they are so varied. Any variation made shall not affect any rights or obligations under these Terms which has been accrued up to the date of said variation.
14.8 Assignment and Transfer. You may not assign or transfer these Terms, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, these Terms will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Any attempt to assign in violation of this section is void in each instance. We may freely assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you, (a) to any of our affiliates; or (b) in connection with any merger, consolidation, reorganization, sale of all or substantially all of our assets or any similar transaction.
14.9 Third Party Rights. A person who is not a party to these Terms has no right to enforce any provision of these Terms.
14.10 Prevailing Language. These Terms are drafted in the English language. If these Terms are translated into any language other than English, the English version shall prevail to the extent of any inconsistency, unless otherwise required under applicable laws and regulations and unless otherwise specified in the section “Country / Region Specific Provisions” below.
14.11 Force Majeure. The Company has no liability for any damages due to maintenance or connection failure of the information network equipment, failure of computer, communication or other systems, hacker activities, computer viruses, power failure, strike, revolt, fire, flood, storm, explosion, war, act of government, force majeure, pandemic, epidemics, order of judicial and administrative authorities or any other third-party reasons.
14.12 Apple. The following terms and conditions apply to you only if you are using the Service from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to the Service from the Apple App Store. You acknowledge and agree that these Terms are solely between you and the Company, not Apple, and that Apple has no responsibility for the Service or Content thereof. Your use of the Service must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Service to you. To the maximum extent permitted by applicable laws, Apple will have no other warranty obligation whatsoever with respect to the Service, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and the Company acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (a) product liability claims; (b) any claim that the Service fails to conform to any applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation. You and the Company acknowledge that, in the event of any third-party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights, the Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third-party terms of agreement when using the Service. You and the Company acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your use of the Service, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
15. CONTACT INFORMATION
15.1 If you have any complaints, suggestions or other questions on these Terms, please contact us via in-app access for feedback or complaints or through email at game-service@sparknexa.com. We will review the issues involved as soon as possible and reply to you in a timely manner after verifying your identity.
16. COUNTRY / REGION SPECIFIC PROVISIONS
If you reside or use the Service in the countries / regions below, the following terms shall apply to you.
BRAZIL
Clauses 1 and 2 of Article 13 shall apply to the extent that they are consistent with the national sovereignty or public policy of the Federative Republic of Brazil or good morals as understood from time to time in Brazil.
EGYPT
As an Egyptian consumer, you have certain rights under the Egyptian Consumer Protection Law:
● The right to health and safety upon the normal use of the Service.
● The right to obtain correct information and data of the Service used by or offered to you.
● The right to personal dignity and respect of religious values and practices and norms.
● The right to obtain information related to the protection of your consumer’s rights and legitimate interests.
● The right to join organizations, councils and committees engaged in consumer protection.
● The right to bring legal actions for any matter related to the violation of your consumer’s rights, or prejudice or restriction to such rights, with expeditious and easy procedures at no cost.
● The right to obtain a fair compensation for the prejudice caused to you as a result of receiving our Service.
KINGDOM OF SAUDI ARABIA
If you are under the age of 18, you may only use and register for an Account through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms.
Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall exclude or limit our or your liability for any liability which cannot be excluded or limited by applicable laws.
UNITED ARAB EMIRATES
If you are under the age of 21, you may only use and register for an Account through the representation of your parent or legal guardian, and your parent or legal guardian hereby represents you and accepts these Terms.
[As a condition of participating in the Incentive Program and being eligible to receive monetary compensation as described herein, you must comply with applicable laws including, without limitation, having and maintaining all requisite regulatory approvals, licences, consents, rights and permits from the National Media Council or relevant regulatory authority.]
Notwithstanding anything to the contrary in these Terms, nothing in these Terms shall exclude or limit our or your liability for any liability which cannot be excluded or limited by applicable law.
UNITED STATES
THIS SECTION INCLUDES AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT WILL IMPACT ANY DISPUTE RESOLUTION. PLEASE CLICK HERE TO READ THE ARBITRATION CLAUSE AND HERE FOR THE CLASS ACTION WAIVER.
● Applicable Laws and Jurisdiction. These Terms, their subject matter and their formation, including any arbitration proceeding outlined below, are governed by California law.
● ARBITRATION AND CLASS ACTION WAIVER
■ This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
■ Arbitration Agreement. Any dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of the Service, or relating in any way to the communications between you and the Company or any other User of the Service, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and the Company. However, this arbitration agreement does not (a) govern any Claim by the Company for infringement of its Intellectual Property Rights or access to the Service that is unauthorized or exceeds authorization granted in these Terms; or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual, you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use the Service by following the procedure described below.
■ You agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and the Company are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision will survive any termination of these Terms.
■ The arbitration will be administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms).
■ Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules. If the value of your claim does not exceed $10,000, the Company will pay for the reasonable filing, administrative and arbitrator fees associated with the arbitration, unless the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose.
■ The arbitrator, and not any federal, state, or local court, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable. However, the preceding sentence will not apply to the “Class Action Waiver” section below.
■ If you do not want to arbitrate disputes with the Company and you are an individual, you may opt out of this arbitration agreement by sending an email to game-service@sparknexa.com within thirty (30) days of the first of the date you access or use the Service.
■ CLASS ACTION WAIVER: ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. IF THE CLAIM IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR. THE PARTIES UNDERSTAND THAT ANY RIGHT TO LITIGATE IN COURT, TO HAVE A JUDGE OR JURY DECIDE THEIR CASE, OR TO BE A PARTY TO A CLASS OR REPRESENTATIVE ACTION, IS WAIVED, AND THAT ANY CLAIMS MUST BE DECIDED INDIVIDUALLY, THROUGH ARBITRATION.
■ If this class action waiver is found to be unenforceable, then the entirety of the Arbitration Agreement, if otherwise effective, will be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. If for any reason a claim proceeds in court rather than in arbitration, you and the Company each waive any right to a jury trial.
● DMCA NOTICE
■ If you are a copyright owner or an agent thereof and believe any content provided through the Service infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) by providing notice to game-service@sparknexa.com containing the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of a copyright that is allegedly infringed; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is provided through the Service; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice may not be valid.
■ In the event your User Content is removed pursuant to this process, you will receive information on how to file a counter-notice. Notices described in this section are legal notices separate from our regular activities or communications and are not subject to our Privacy Policy. This means that we may publish or share them with third parties at our discretion, and may produce them pursuant to a legal discovery request.
● California Consumer Rights Notice. Under California Civil Code Section 1789.3, California users of the Service receive the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at the contact information set forth at https://www.dca.ca.gov/about_us/contactus.shtml.
● Exports. You agree that you will not export or re-export, directly or indirectly the Service and/or other information or materials provided by the Company hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries or any country that has been designated by the U.S. Government as a “terrorist supporting” country; or (b) to anyone listed on any U.S. Government list of prohibited or restricted parties, including the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List.
● U.S. Government Restricted Rights. The Service and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items; and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
● Limitations of Liability. The laws of the State of New Jersey may limit the limitations of liability set forth in Section 19.3. In such case you explicitly agree that our (or any such other released parties’) liability to you shall apply to the maximum extent permitted by the laws of the State of New Jersey.