Sparkx

Sparkx User Agreement

1. General

1.1 Welcome to the Sparkz Network. Access to and use of the Sparkx Network (hereinafter: the Network") are subject to the following terms and conditions and all applicable laws. Becoming a member of the Network community and using the Network constitute your unconditional agreement with these terms and conditions.

1.2 Sparkx reserves the right to modify this User Agreement. By using the Network, you are deemed to have agreed to any such changes.

1.3 In case of violation of the terms of the User Agreement or of other rules and/or statutory provisions, Sparkx is entitled to terminate your account with immediate effect.

1.4 The objective of the Network is inter alia to enable you and other members to get in touch with each other and to share information.

1.5 You are entitled to terminate your membership of the Network at any time without observing a period of notice.

1.6 Sparkx membership is not open to people under the age of 21.


2. Links and references

2.1 The Network contains hyperlinks to other websites and references to other sources of information. These links and information sources are provided solely for your convenience to provide further information. Sparkx does not control the Network or the information posted on it, and thus cannot provide any warranty or guarantee as to the quality and/or completeness of this information.

2.2. Sparkx disclaims any and all liability for such loss or damage that might arise from consulting other websites or other information sources in general, to which the Network refers.


3. Terms and conditions of an account

3.1 Parts of the Network are not available for general use. You are required to be a member of the Network community in order to use the entire Sparkz network.

3.2 You are responsible for all activities that are carried out under your account. You are the only person authorized to use your Network account: you may not allow third parties access to the Network through your account and/or permit third parties to utilize the Network using your account name.

3.3 As a user of the Network you accept that you may not have multiple accounts and that you cannot open and/or apply for an alternative account in the event that your account has for whatever reason been (temporarily) cancelled or terminated. You are not allowed to sell or exchange your account or to accept any account other than the one allocated to you. If you have an account that violates these rules, that account shall be terminated with immediate effect.

3.4 You are not allowed to use a pseudonym or alias.

3.5 Any information posted by you on the Network that is misleading or false, gives Sparkx the right to terminate your account with immediate effect.


4. Terms and Conditions for using the Network

4.1 When accessing the Network you are deemed to behave in accordance with all applicable statutory provisions and user codes of conduct or any other regulations stipulated by Sparkx.

4.2 You are obliged to keep the password of your account secure and must inform Sparkx immediately in case of any violation of said statutory provisions and/or other regulations.

4.3 You are not allowed to use your account in any way that might cause damage to Sparkz or to its affiliates, licensors, or to visitors of the Network and/or to other third parties.

4.4 It is prohibited for you to use unauthorized means (in an attempt) to modify your account and/or the Network or to reroute your account and/or the Network, or, alternatively, to damage, interfere, disrupt, or overload your account and/or the Network, or for you to obstruct the use or enjoyment of the Network by others.

4.5 You are not allowed to use your account and/or the Network for commercial purposes, except with the express and verifiable permission of Sparkx. It is not permitted to email unsolicited promotional messages to other members.

4.6 By accessing your account and/or the Network you acknowledge and agree that the Network and any necessary software belong to Sparkx and/or its licensors, and that you may not perpetrate any acts that constitute copyright infringement and/or infringement of other laws and regulations pertaining to intellectual and/or industrial rights.

4.7 Sparkx reserves the right to remove any information and/or media submitted by you to the Network if it is libellous, fraudulent, insider information, threatening, `spam, `junk mail or otherwise constitutes objectionable behaviour, and/or in view of the fact that you are infringing intellectual and/or industrial rights and/or privacy rights.

4.8 It is prohibited to stalk other members as is any other form of harassment.


5. Disclaimer and limitation of liability

5.1 Your account and/or the Network provided to you by Sparkz are provided on an as is and an as available basis. Sparkx cannot provide any warranty or guarantee that the information on the Network is correct or up-to-date. Sparkz excludes any and all implied warranties and guarantees, including (but not limited to) warranties of merchantability, fitness for a particular purpose, professionalism and non infringement. Under no circumstances is Sparkx responsible for or can be held liable for any and all content or errors on the Network.

5.2 Sparkx expressly excludes any and all liability for loss or damage of whatever nature, including indirect or consequential loss or damage arising out of, or related to use of the Network in any manner whatsoever. More specifically Sparkx is under no circumstances liable for any manner of loss or damage, arising out of and/or in connection with:
- content (including codes) offered via third-party websites, programs by third parties or the behaviour of third parties;
- viruses or other malicious software that may limit your access to or use of the Network;
- incompatibility of the Network with other services, software and hardware;
- delays or errors in the starting up, execution, or completion of transmissions and transactions in connection with the Network in an accurate or timely manner;
- claims of breach of contract, non-compliance with the guarantee or terms and conditions, strict liability, negligence or any other unlawful act.

5.3 The exclusion of liability is also applicable in the event that Sparkz might have been aware or should have been aware of the possibility of any loss or damage.

5.4 You agree to indemnify and hold harmless Sparkx, its affiliates, its licensors and any third parties from and against any loss or damage that they may suffer as the result of third-party claims related to the use of your account and/or the Network.


6. Changes

6.1 Sparkx reserves the right at any time and for whatever reason to modify or remove parts of the present Agreement and/or your account and/or the Network. Sparkx may at any time terminate or suspend your account, without giving reasons for doing so. Upon Sparkx termination of your account, you are immediately denied access to the Network. Once your account is terminated or suspended you are no longer able to collect the data stored by you on the Network.


7. Intellectual property rights

7.1 The (intellectual property) rights pertaining to the Network, which include copyright to the texts, illustrations, design, photographs and other (still and/or moving) visual material, sound material, formats, software and other materials, databank rights, and trademark rights (including domain names) are vested in Sparkx or, alternatively, in its licensors.

7.2 Insofar as you submit independent and active contributions (so-called user generated content) to the Sparkx Network, you hereby grant free of charge to the Sparkz Network an unlimited, irrevocable, world-wide, perpetual, and exclusive sub-licence at the time of participation to all rights such as portrait, neighbouring and copyright, subsisting in said contributions, including but not limited to: the text, photographs, videos and other visual or sound material, which right to sublicense is not subject to termination on your part. As a result the Sparkx Network can make unlimited use of the contribution (and its parts) and exploit the above itself or allow others acting on its behalf to do so in whatever media, whatever form and whatever language.

By participating in the Sparkx Network you warrant and guarantee that you have the rights to all the (intellectual and industrial) property, including copyright, trade marks and the rights pertaining to the contribution/s submitted and that you hold Sparkx Network harmless in case of a possible third-party claim.


8. Interpretation of the User Agreement

8.1 In the event that a provision of the present Agreement is null and void or avoided, this shall not affect the validity or enforceability of the remaining provisions of the present Agreement. In the above case Sparkx shall replace the void/avoided provision with a new provision, which takes account as far as possible of the purpose and meaning of the void/avoided provision.

8.2 The present Agreement supersedes all prior agreements or declarations pertaining to the use of your account and/or the Network.

8.3 If there is a difference of opinion or interpretation, only the Dutch text will be authentic.


9. Privacy Statement

9.1 Sparkx respects your privacy. Please read carefully the Privacy Statement in which Sparkz has set out its practices regarding the collection and use of information (submitted by you).


10. Applicable law and disputes

10.1 The present Agreement is exclusively governed by the laws of the Netherlands. Any disputes will be submitted to the competent court in Amsterdam.


11. Contact Information

11.1 Should you have any questions about this User Agreement and/or wish to report your breach of any terms of this Agreement or of any other rules, please email us at info@sparkx.com.