Terms and Conditions

These Terms and Conditions constitute a legally binding agreement between you and Sparksbox. By accessing or using our website and services, you agree to comply with and be bound by these terms. Please read this document carefully.

Last updated: January 22, 2025

1. Agreement and Binding Nature

By accessing this website, you warrant and represent to Sparksbox that you are legally entitled to do so and to make use of information made available via the website in accordance with these Terms and Conditions.

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by us on our website, constitute the entire agreement between you and Sparksbox concerning your use of this website.

If you do not agree with these Terms and Conditions, you must immediately cease using our website.

2. User Obligations and Responsibilities

2.1 Legal Compliance

You agree to comply with all applicable local, state, national, and international laws and regulations in your use of our website and services. You are solely responsible for ensuring that your use of our services is lawful in your jurisdiction.

You acknowledge that the laws applicable to the collection, storage, use, and disclosure of personal information may vary from jurisdiction to jurisdiction.

2.2 Conduct Requirements

When using our website and services, you agree to:

Provide accurate, current, and complete information when communicating with us
Maintain the security of any login credentials or communication channels
Notify us immediately of any unauthorized use or security breach
Respect the intellectual property rights of Sparksbox and third parties
Refrain from any activity that could damage, disable, or impair our services
Not attempt to gain unauthorized access to our systems or networks

2.3 Content Guidelines

Any content you submit through our website must:

Not contain material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Not infringe any patent, trademark, trade secret, copyright, or other intellectual property rights
Not violate the legal rights of others or contain material that could give rise to legal action
Not promote illegal activity or advocate, promote, or assist unlawful acts

2.4 Indemnification Obligations

You agree to indemnify, defend, and hold harmless Sparksbox, its officers, directors, employees, agents, and third parties from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from your violation of these Terms and Conditions or your use of our website.

2.5 Privacy and Data Protection

You acknowledge and agree that:

You have read and understood our Privacy Policy
You consent to the collection and use of your information as described in our Privacy Policy
You will not submit personal information of third parties without their consent
You are responsible for maintaining the confidentiality of any information you share

2.6 Third-Party Interactions

Your interactions with third parties found on or through our services, including payment and delivery of goods or services, are solely between you and such third party. You agree that Sparksbox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

3. Liability and Warranties

3.1 Disclaimer of Warranties

Our website and services are provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to:

Warranties of merchantability, fitness for a particular purpose, and non-infringement
That our services will be uninterrupted, timely, secure, or error-free
That the results obtained from use of our services will be accurate or reliable
That the quality of any products, services, information, or other material obtained through our services will meet your expectations

3.2 Limitation of Liability

To the fullest extent permitted by applicable law, Sparksbox shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or use
Business interruption or loss of business opportunities
Damages arising from your access to or inability to access our website
Any errors or omissions in website content

This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis.

3.3 Consequential Damages Exclusion

In no event shall Sparksbox be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable and whether or not Sparksbox has been advised of the possibility of such damages, arising out of or in connection with your use of our services.

3.4 Force Majeure

Sparksbox shall not be liable for any failure to perform its obligations where such failure is as a result of acts of nature, fire, flood, hurricane, strike, industrial dispute, war, hostile network attacks, or other events outside of our reasonable control.

3.5 Maximum Liability

In any case, our total liability to you for all damages, losses, and causes of action shall not exceed the amount paid by you, if any, for accessing our website.

4. Legal Information and Dispute Resolution

4.1 Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws applicable to online services and electronic commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

4.2 Jurisdiction

You agree that any dispute arising from or relating to these Terms and Conditions will be resolved through good faith negotiation. If negotiation fails, disputes may be submitted to mediation before pursuing other remedies.

4.3 Dispute Resolution Procedures

Before filing any claim, you agree to try to resolve the dispute informally by contacting us. We will attempt to resolve the dispute informally by contacting you. If a dispute is not resolved within 30 days of submission, you or Sparksbox may bring a formal proceeding.

Both parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's intellectual property rights.

4.4 Severability

If any provision of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

4.5 Waiver

No waiver by Sparksbox of any term or condition set forth in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

4.6 Assignment

You may not assign or transfer these Terms and Conditions, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms and Conditions without such consent will be null and void. We may freely assign or transfer these Terms and Conditions without restriction.

5. Terms Modification Policy

Sparksbox reserves the right to modify these Terms and Conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website after changes are posted constitutes your acceptance of the modified Terms and Conditions.

We recommend reviewing these Terms and Conditions periodically for any changes. Material changes will be indicated by updating the "Last updated" date at the top of these Terms and Conditions.

It is your responsibility to check these Terms and Conditions periodically for changes. If you do not agree to any modifications, you must cease using our website immediately.

6. Entire Agreement

These Terms and Conditions, together with our Privacy Policy and any other legal notices published by Sparksbox on our website, constitute the entire agreement between you and Sparksbox concerning your use of our website and services.

These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sparksbox with respect to our website.