Terms of Use
Last Updated Date: July 26, 2021
These Terms of Use (the “Terms”) describe the terms and conditions that apply to your use and purchase of Spark Lab LLC (“Spark Lab”) websites (the “Site”), mobile applications, software and hardware products and related services (collectively, the “Service”). By accessing, using or interacting with the Site and/or Services in any way, you agree to be bound by these Terms. Additional or separate terms may apply to your use of the Site or Services. If there is a conflict between these Terms and such other terms and conditions, the latter will take precedence with respect to your use of or access to that area of the Site and/or Services.
Table of Contents:
1. Account Registration
2. Privacy Policy
3. Sale of Products and Services
4. Ownership and Intellectual Property
5. Your License to Use the Services
6. User Submitted Content
7. Feedback
8. Copyright Policy
9. General Prohibitions and Acceptable Use Standards
10. Third-party services
11. Modifications
12. Termination and Account Cancellation
13. Disclaimers
14. Indemnity
15. Limitation and Liability
16. Controlling Law and Jurisdiction
17. Entire Agreement
18. Assignment
19. Notices
20. Dispute Resolution, Mandatory Arbitration and Class Action Waiver
21. Export Control and Economic Sanctions Laws
22. Government End Users
23. General
1. Account Registration
In order to access or use certain features of the Service must register for an account (“Account”). You agree to provide accurate, current and complete information during the registration process and at all times when you use the Service and to update such information if it changes. Spark Lab reserves the right to suspend or terminate your Account if any information provided during the registration process or at other times proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Spark Lab of any unauthorized use of your Account. To use our Services, you must be at least eighteen years of age or otherwise recognized as being able to form legally binding contracts under applicable law.
2. Privacy
Spark Lab’s Privacy Policy governs Spark Lab’s collection and use of your personal information.
3. Sale of Products and Services
End-Users Only/Resale Prohibited: this Site is intended only for sales to end-user customers who may use the Spark Lab products for personal or professional purposes. Products sold through the Site are not authorized for resale or export. The resale of a Spark Lab product without the authorization of Spark Lab is an infringement of Spark Lab’s intellectual property rights. By submitting an order to Spark Lab, you agree that you are not purchasing Spark Lab’s products for resale. Descriptions: we do our best to provide accurate information on our product pages – including product descriptions, prices, shipping estimates, etc. However, we reserve the right to correct pricing errors that may inadvertently occur (which may require us to revoke an offer). Prices and availability are subject to change. Your order is subject to cancellation by us, in our sole discretion. Order Acceptance: we reserve the right to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. We may also require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order. If we do cancel your order, we will refund you any amounts that you have been charged. Payments: generally, we do not charge your payment method until after you order has shipped. However, we may pre-authorize the total purchase amount (including applicable taxes and shipping costs) with your authorized payment method once when you place your order. You cannot make changes to your order after it has been placed. Indirect Taxes: this Site is dedicated to sales to end-user customers and indirect taxes (VAT, GST or sales tax) is included or assessed as appropriate. Spark Lab provides a tax invoice to each end-user customer. If a duplicate copy of the tax invoice is needed, you may contact Customer Service to request this. Risk of Loss: All purchases of physical products are made subject to a shipping contract. Risk of loss and title for purchases pass to you upon our delivery to the carrier. You must notify us within 21 days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. Shipping, Returns, Manufacturer Warranty: please see our Shipping Policy, Warranty and Return Policy for further information about purchasing our cameras, mounts and accessories. As described in the Return Policy, if you are an EU resident, you also have a legal right to withdraw from this contract without giving any reason within 14 days of receiving your purchased goods.
4. Ownership and Intellectual Property
The Service and Content are protected by copyright, trademark, and other laws of the United States and foreign countries and are subject to our Trademark Policy(which is incorporated herein by reference). Except as expressly provided in these Terms, Spark Lab and its licensors exclusively own all right, title and interest in and to the Service and Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Content. All trademarks, service marks, logos, trade names and any other proprietary designations of Spark Lab used herein are trademarks or registered trademarks of Spark Lab. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
5. Your License to Use the Services
“Content” on the Service means any links, text, graphics, images, music, audio, video, photos, information, code, or other materials available on the Service. Subject to your compliance with these Terms, Spark Lab grants you a limited, non-exclusive, non-transferable license, without the right to sublicense, to access and use the Service, to access, use, view and print any Content and the right to download one copy of the application to any single device solely for your personal and non-commercial purposes. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service or Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Spark Lab or its licensors, except for the licenses and rights expressly granted in these Terms.
6. User Submitted Content
You are solely responsible for any Content you submit, post, display or make available through the Service (your “User Content”). Unless otherwise agreed in writing, Spark Lab does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your Content. By making available User Content through the Service,you hereby grant to Spark Lab a worldwide, irrevocable, perpetual, non-exclusive, sublicensable (through multiple tiers), transferable, royalty-free license to use, copy, adapt, modify, distribute, reference, store, cache, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, making publicly available and otherwise exploit such User Content in any form, medium or technology now known or later developed for any purposes, including for both commercial and non-commercial purposes without compensation to you, except as otherwise provided in the Spark Lab Privacy Policy as it relates to your personal data and private Content. You acknowledge and agree that you are solely responsible for all User Content. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, permissions, consents and releases that are necessary to grant to Spark Lab the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the Content or Spark Lab’s use of the User Content (or any portion thereof) otherwise will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
7. Feedback
If you choose to provide feedback, comments and suggestions for improvements to the Service (orally or written) (“Feedback”), you acknowledge and agree that all Feedback will be Spark Lab’s sole and exclusive property and you hereby irrevocably assign to Spark Lab and agree to irrevocably assign to Spark Lab all of your right, title, and interest in and to all Feedback, including any intellectual property rights therein.
8. Copyright Policy
Spark Lab respects copyright law and expects its users to do the same. Spark Lab has adopted and implemented a policy that provides for the termination in appropriate circumstances of registered users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Spark Lab’s Copyright Policy, for further information.
9. General Prohibitions and Acceptable Use Standards
You agree not to do any of the following:
• Access or use the Service unless you can form legally binding contracts under applicable law and are at least 18 years of age.
• Post, upload, publish, submit or transmit any Content (including any links thereto) that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or any duty of confidentiality that you owe to another party; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) promotes, encourages, or engages in terrorism violence against people, animals, or property; (vii) promotes, demonstrates or constitutes illegal or harmful activities or substances; or (viii) promotes, encourages, or engages in child pornography or the exploitation of children.
• Use, display, mirror or frame the Service, or any individual element within the Service, Spark Lab’s name, any Spark Lab trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Spark Lab’s express written consent;
• Access, tamper with, or use non-public areas of the Service, Spark Lab’s computer systems, or the technical delivery systems of Spark Lab’s providers;
• Attempt to probe, scan, or test the vulnerability of any Spark Lab system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Spark Lab or any of Spark Lab’s providers or any other third party (including another user) to protect the Service or Content;
• Attempt to access or search the Service or Content or download Content from the Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Spark Lab or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a Spark Lab trademark, logo URL or product name without Spark Lab’s express written consent;
• Use the Service or Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Service or Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service or Content;
• Interfere with, or attempt to interfere with, the operation of the Service and Content, the access of any user, host or network, including, without limitation, hacking, cracking, sending or installing any kind of computer virus designed to be capable of disrupting, damaging, or limiting the functionality of any software or hardware, overloading, flooding, spamming, or mail-bombing the Service;
• Collect or store any personally identifiable information from the Service from other users of the Service without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.
Spark Lab may investigate and prosecute violations of any of the above to the fullest extent of the law. Spark Lab may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Spark Lab has no obligation to monitor your access to or use of the Service or Content or to review or edit any Content, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Spark Lab reserves the right, at any time and without prior notice, to remove or disable access to any Content, including, any Content, that Spark Lab, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Service or otherwise violates any applicable law.
10. Third-party services
The Service may contain links to third-party websites or provide functionality from third-party services. Spark Lab does not control or endorse these third-party websites. Spark Lab is not responsible for the availability, appropriateness, accuracy, content, advertising, product or services of such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. By using the Service, you expressly release Spark Lab from any and all liability arising from your use of any third-party website or on-line resource. Accordingly, Spark Lab encourages you to be aware when you leave the Service and to review the terms and conditions, privacy policies, and other governing documents of each website that you may visit.
The service is an API client for the following third-party services:
-
YouTube API Services
• YouTube Terms of Service
• Google Privacy Policy
• Google security settings -
Facebook Live Video API
• Facebook Terms of Service
• Facebook Privacy Policy -
Twitch API
• Twitch Terms of Service
• Twitch Privacy Policy
11. Modifications
Spark Lab reserves the right, at its sole discretion, to modify, discontinue or terminate the Service (including, without limitation, the fees and benefits for any Subscriptions) or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Service or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Service after we have posted a modification on the Site or via the Service or have provided you with notice of a modification, you are indicating that your agreement and express consent to be bound by the modified Terms. You may also be asked to re-acknowledge and re-accept the Terms following any material changes. If the modified Terms are not acceptable to you, you may cease using the Service and this is your only recourse.
12. Termination and Account Cancellation
If you breach any of these Terms or otherwise violate applicable law, in its sole discretion and without prior notice to you, Spark Lab has the right to suspend, disable, terminate or cancel your Account and/or terminate these Terms – and you shall not be entitled to any refunds, credits or other consideration for any forfeited Subscription fees. Except as set forth herein, Spark Lab is under no obligation to continue to support the Service in any way, or to provide you with updates or error corrections to Service – provided, however, that we may, in our sole discretion, provide you will a refund, credit or other consideration if you are a subscriber and we suspend or discontinue your Subscription. Except as otherwise expressly stated, Your rights under these Terms will terminate immediately and automatically, with or without notice in Spark Lab’s sole discretion, if Spark Lab ceases to support the Service. Spark Lab reserves the right to revoke, suspend, cancel or disable your access to and use of the Service (not including the Subscription services) and Content at any time, with or without cause.
13. Disclaimers
OTHER THAN AS EXPRESSLY PROVIDED IN WRITING BY SPARK LAB IN CONNECTION WITH YOUR PURCHASE OF A SPARK LAB PRODUCT, THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPARK LAB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SPARK LAB MAKES NO WARRANTY THAT THE SERVICE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SPARK LAB MAKES NO WARRANTY THAT SPARK LAB WILL CONTINUE TO OFFER OR MAKE AVAILABLE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY PARTICULAR SOFTWARE FOR ANY PARTICULAR LENGTH OF TIME AND SPARK LAB RESERVES THE RIGHT TO CHANGE AND UPDATE THE SERVICE AND ANY SOFTWARE WITHOUT NOTICE TO YOU. SPARK LAB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR CONTENT PURCHASED OR OBTAINED THROUGH THE SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SPARK LAB OR THROUGH THE SERVICE OR CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE.
THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OR YOUR USE OF THE SERVICE.
14. Indemnity
You agree to defend, indemnify, and hold Spark Lab, its subsidiaries and affiliates, and their officers, directors, employees, agents, representatives and attorneys harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Service or Content; (ii) your violation of these Terms or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive the termination or expiration of these Terms or your use of the Service.
15. Limitation and Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SPARK LAB NOR ANY OTHER COMPANY OR INDIVIDUAL INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPARK LAB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. TO THE EXTENT JEW JERSEY LAW APPLIES TO YOU, THIS EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SPARK LAB’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL AND MATERIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SPARK LAB AND YOU.
16. Controlling Law and Jurisdiction
If you reside inside the European Union, these Terms and any action related thereto will be governed by the laws of the Member State where you are domiciled. In case of a dispute the competent courts of the Member State where you are domiciled will have jurisdiction, but you may also choose one of the options provided for in section 20 (Dispute Resolution). The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
If you reside outside of the European Union, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Northern District of California and each of the parties hereto waives any objection to exclusive jurisdiction and venue in such courts.
17. Entire Agreement
Except as otherwise stated herein, these Terms constitute the entire and exclusive understanding and agreement between Spark Lab and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Spark Lab and you regarding the Service and Content.
18. Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without Spark Lab’s prior written consent and any attempt by you to do so will be null and of no effect. Spark Lab may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
19. Notices
You consent to receive notifications from Spark Lab electronically to the email address you provide. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You agree that you can store such electronic communications such that they remain accessible to you in unchanged form.
20. Dispute Resolution
IF YOU RESIDE INSIDE THE EUROPEAN UNION: Without prejudice to your right to bring an action against Spark Lab in the competent courts of the Member State where you are domiciled, we will try to resolve any disputes with you quickly and efficiently if you are not satisfied with your subscription. In such case, we invite you to contact us as soon as possible through mail.sparklab.by our internal complaint handling procedure, we will notify you as such.
21. Export Control and Economic Sanctions Laws
You agree to comply fully with all U.S. and foreign export control and economic sanctions laws and regulations that apply to the Services, including restrictions on any use of the Service where data is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government export embargo, or that has been sanctioned by the Office of Foreign Assets Control, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
22. Government End Users
The Service is a “commercial item” as that term is defined in FAR 2.101, consisting of “commercial computer software” and “commercial computer software documentation,” respectively, as such terms are used in FAR 12.212 and DFARS 227.7202. If the Service is being acquired by or on behalf of the U.S. Government, then, as provided in FAR 12.212 and DFARS 227.7202-1 through 227.7202-4, as applicable, the U.S. Government’s rights in the Service will be only those specified in this Agreement.
23. General
The failure of Spark Lab to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Spark Lab. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. To access the Terms of Service for your territory please change the country setting on the Site by clicking the country link in the top right corner of the pages. If specific terms are not available, we will default to this English version.