Terms of Use
1. Introduction
1.1 These terms of use ("Terms") govern your use of sparkugc.com (the "Site"), which is operated by Spark UGC Ltd, a company registered in England and Wales under company number 15305102 with its registered office at 27 Airedale Road, London SW12 8SQ ("we", "us", "our").
1.2 By accessing or using the Site you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Site.
2. Definitions
2.1 In these Terms:
"Content" means all material made available on or through the Site, including text, graphics, images, photographs, audio, video, software, code and the layout, look and feel of the Site;
"User" means any person who accesses or uses the Site;
"you" means the User.
3. Eligibility
3.1 The Site is intended for Users who are aged 18 or over and acting in a professional capacity.
3.2 If you access or use the Site on behalf of an organisation, you warrant that you have authority to bind that organisation to these Terms, in which case references to "you" include that organisation.
4. Licence to use
4.1 We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Site and the Content for your personal or internal business purposes in accordance with these Terms.
5. Acceptable use
5.1 You must not:
(a) use the Site in any unlawful manner or for any unlawful or fraudulent purpose;
(b) introduce any virus, trojan, worm, time-bomb, keystroke logger or other material that is malicious or technologically harmful;
(c) attempt to gain unauthorised access to the Site, the servers on which the Site is hosted, or any database or system connected to the Site;
(d) interfere with, damage or disrupt the Site or any equipment, network or software used to operate the Site;
(e) use any robot, spider, scraper or other automated means to access or extract material from the Site, save for indexing by search engines acting in accordance with the robots.txt and llms.txt files published on the Site;
(f) impersonate any person or misrepresent your identity or affiliation;
(g) use the Site to transmit unsolicited commercial communications;
(h) copy, reproduce, distribute, publish, transmit, sell, license, modify, adapt, frame, embed or otherwise exploit any Content other than as expressly permitted by these Terms.
6. Accounts
6.1 Where you register for an account on the Site, including through our creator network, you must:
(a) provide accurate, current and complete information;
(b) keep your account credentials confidential and not share them with any third party;
(c) be aged 18 or over.
6.2 You are responsible for all activity carried out through your account.
6.3 We may suspend, restrict or close any account where we reasonably consider that you have breached these Terms or that information you have provided is materially inaccurate.
7. Intellectual property
7.1 All Content is owned by us or our licensors. All rights are reserved.
7.2 "Spark UGC" and the Spark UGC logo are trade marks of Spark UGC Ltd. You may not use them without our prior written consent.
7.3 Save as expressly permitted by clause 4.1, you may not reproduce, distribute, modify, frame, embed, create derivative works of, publicly display, sell, license or otherwise exploit any Content, in whole or in part, without our prior written consent.
8. Third-party sites
8.1 The Site may contain links to websites operated by third parties. We have no control over and accept no responsibility for the content, policies or practices of any third-party website. Your use of any third-party website is at your own risk and subject to that website's own terms and policies.
9. No warranty
9.1 The Site and the Content are provided "as is" and "as available". To the fullest extent permitted by law, we exclude all conditions, warranties, representations and other terms (whether express or implied) that might otherwise apply to the Site or the Content, including any warranty of accuracy, completeness, timeliness, fitness for a particular purpose, non-infringement or availability.
9.2 The Content is provided for general information only. You must not rely on the Content as professional advice and should obtain independent advice before taking any action in reliance on it.
10. Limitation of liability
10.1 Nothing in these Terms excludes or limits our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any other liability which cannot be excluded or limited under English law, including under section 2(1) of the Unfair Contract Terms Act 1977.
10.2 Subject to clause 10.1, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty or otherwise, for any:
(a) indirect, incidental, consequential, special or punitive loss;
(b) loss of profit, revenue, business, opportunity, goodwill, anticipated savings or data,
in each case arising out of or in connection with your use of the Site.
10.3 Subject to clause 10.1, our total aggregate liability to you arising out of or in connection with these Terms and your use of the Site is limited to £100.
10.4 Any separate written agreement between you and us has its own liability provisions, which apply in place of clauses 10.2 and 10.3 in respect of matters governed by that agreement.
11. Privacy and cookies
11.1 Our processing of personal data in connection with the Site is governed by our Privacy Policy, available on the Site.
11.2 Our use of cookies and similar technologies is governed by our Cookie Notice, available on the Site.
12. Suspension and termination
12.1 We may suspend, restrict or terminate your access to all or any part of the Site at any time, with or without notice, including where:
(a) we reasonably consider that you have breached these Terms;
(b) we are required to do so by law, by a regulator or by an order of a court of competent jurisdiction;
(c) we discontinue all or part of the Site.
12.2 Termination of access does not affect any rights or remedies that have accrued before termination.
13. Changes to these Terms
13.1 We may amend these Terms from time to time. Amendments take effect on publication on the Site. Continued use of the Site after publication constitutes acceptance of the amended Terms. The date at the head of these Terms indicates when they were last amended.
14. Force majeure
14.1 We shall not be liable for any failure to perform, or delay in performing, any obligation under these Terms where that failure or delay is caused by any event beyond our reasonable control.
15. General
15.1 These Terms, together with the Privacy Policy, the Cookie Notice and any other document expressly referred to in them, constitute the entire agreement between you and us in respect of your use of the Site.
15.2 If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
15.3 No failure or delay by us to exercise any right or remedy under these Terms shall operate as a waiver of that right or remedy.
15.4 You may not assign, transfer, charge or sub-contract any of your rights or obligations under these Terms. We may assign, transfer, charge or sub-contract any of our rights or obligations under these Terms at any time.
15.5 A person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.
16. Governing law and jurisdiction
16.1 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation are governed by and construed in accordance with the law of England and Wales.
16.2 The courts of England and Wales have exclusive jurisdiction to settle any such dispute or claim, save that we may bring proceedings in any jurisdiction to protect our intellectual property rights.
17. Contact
17.1 For any matter relating to these Terms, contact us at:
Spark UGC Ltd 27 Airedale Road London SW12 8SQ United Kingdom
Email: hello@sparkugc.com