Sprkle Terms and Conditions

Sprkle Terms of Service

Last modified: 12 July 2018

Welcome to Sprkle!

Thanks for using our Service (“Service”). The Service are provided by Sprkle Music Ltd (“Sprkle”), located at 3rd Floor, Buckingham Palace Road, London, SW1W 9TR, United Kingdom. By using our Service, you are agreeing to these terms. Please read them carefully.

Using our Service

You must follow any policies made available to you within the Service.

Do not misuse our Service, for example, do not interfere with our Service or try to access them using a method other than the interface and the instructions that we provide. You may use our Service only as permitted by law, including applicable export and control laws and regulations. We may suspend or stop providing our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our Service does not give you ownership of any intellectual property rights in our Service or the content that you access or upload. You may not use content from our Service unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Service. Do not remove, obscure or alter any legal notices displayed in or along with our Service.

Our Service displays content that is not uploaded by Sprkle. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is suitable for our site, illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please do not assume that we do.

In connection with your use of the Service, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.

Your Sprkle Account

You must have a registered Sprkle Account in order to use our Service. You must create your own Sprkle Account (either a follower or music artist account).

To protect your Sprkle Account, keep your password confidential. You are responsible for the activity that happens on or through your Sprkle Account. Try not to reuse your Sprkle Account password on third-party applications. If you learn of any unauthorised use of your password or Sprkle Account, please email us immediately on hello@sprkle.com

Privacy and Copyright Protection

By using our Service, you agree that Sprkle can use your data in accordance with our Privacy Policies.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the UK Copyright, Designs and Patent Act 1988 and the UK Copyright and Related Rights Regulations 2003.

We provide information to help copyright holders manage their intellectual property online. If you think that somebody is violating your copyright and want to notify us, please email us at the given address, hello@sprkle.com

Your Content in our Service

Our Service allows you to upload, submit, store, send or receive content. Any and all video/audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, submit, exchange or make available to or via your Sprkle Account (hereinafter “Your Content”) is generated, owned and controlled solely by you, and not by Sprkle. You retain ownership of any intellectual property rights that you hold in Your Content. In short, what belongs to you stays yours. Sprkle does not claim any ownership rights in Your Content and you expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in these Terms of Service you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content in any way whatsoever, independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringement may result in termination of your access to your Sprkle account and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

Grant of license

When you upload, submit, store, send, exchange or make available Your Content to or through our Service, you grant Sprkle (and those we work with), other users of our Service and the Sprkle platform as well as operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using our Service (“Linked Services”) a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute Your Content. The rights that you grant in this license are for the limited purpose of operating, promoting and improving our Service, and to develop new ones. This licence continues even if you stop using our Service.

If you have a Sprkle Account, we may display your Profile name, Profile photo and actions you take on Sprkle or on third-party applications connected to your Sprkle Account (such as ratings, and comments you post) in our Service, including displaying in ads and other commercial contexts.

The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Sprkle platform and our Service. Licenses with respect to video/audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Service) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make on the Sprkle platform will be perpetual and irrevocable and will continue notwithstanding any termination of your account.

Removal of video/audio Content from your account will automatically result in the deletion of the relevant files from Sprkle’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, Sprkle is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of our Service, the Sprkle platform or any Linked Service deletes any item of Your Content.

Any Content other than Your Content is the property of the relevant uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of our Service and the Sprkle platform from time to time and within the parameters set by the uploader on the platform or with the express written consent of the uploader. Where you repost another user’s Content or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights or license whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant uploader.

Representations and warranties

You hereby represent and warrant to Sprkle as follows: (i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use, and (if and where relevant) to authorize Sprkle to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via our Service, the Sprkle platform and any Linked Services.

(ii) Your Content and the availability thereof on the Sprkle platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same by means of our Service, on the Sprkle platform and via any Linked Services.

(iv) Your Content, including any comments that you may post by means of our Service or on the Sprkle platform, is not and will not be unlawful, abusive, libelous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.

(v) Your Content does not and will not create any liability on the part of Sprkle, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Sprkle reserves the right to remove Your Content, suspend or terminate your access to our Service and the Sprkle platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.

Liability for content

You hereby acknowledge and agree that Sprkle (i) stores content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through our Service and the Sprkle platform, and to the extent permissible by law, Sprkle excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that Sprkle cannot and does not review the content created or uploaded by its users, and neither Sprkle nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders have any obligation, and may, but do not undertake or assume any duty to, monitor the Service and the Sprkle platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.

Sprkle and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded by means of our Service and to the Sprkle platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, libelous, defamatory, pornographic or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of our Service and the Sprkle platform. By using our Service, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Sprkle or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Modifying and Terminating our Service

We are constantly changing and improving our Service. We may add or remove functionalities or features and we may suspend or stop a Service altogether.You can stop using our Service at any time, although we would be sorry to see you go. Sprkle may also stop providing the Service to you or add or create new limits to our Service at any time.

We believe that you own your data, and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to remove information from that Service.

Our Warranties and Disclaimers

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Service.

Other than as expressly set out in these terms or additional terms, neither Sprkle nor its suppliers or distributors makes any specific promises about the Service. For example, we do not make any commitments about the content within the Service, the specific functions of the Service or their reliability, availability or ability to meet your needs. We provide the Service “as is”.

Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability for our Service

When permitted by law, Sprkle and Sprkle’s suppliers and distributors will not be responsible for lost profits, revenues or data, financial losses or indirect, special, consequential, exemplary or punitive damages.

To the extent permitted by law, the total liability of Sprkle and its suppliers and distributors for any claims under these terms, including for any implied warranties, is limited to the amount that you paid us to use the Service. In all cases, Sprkle and its suppliers and distributors will not be liable for any loss or damage that is not reasonably foreseeable.

We recognise that in some countries, you might have legal rights as a consumer. If you are using the Service for a personal purpose, then nothing in these terms or any additional terms limits any consumers’ legal rights which may not be waived by contract.

Business uses of our Service

If you are using our Service on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Sprkle and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Service or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.

About these Terms

We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Service. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We’ll post notice of modified additional terms in the applicable Service. Changes will not apply retrospectively and will become effective no earlier than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of our Service.

If there is any inconsistency between these terms and the additional terms, the additional terms will prevail to the extent of the inconsistency.

These terms govern the relationship between Sprkle and you. They do not create any third party beneficiary rights.

If you do not comply with these terms and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

The courts in some countries will not apply UK law to some types of disputes. If you reside in one of those countries, then where UK law is excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree unreservedly and irrevocably that the laws of UK, excluding its choice of law rules, will apply to any disputes arising out of or relating to these terms or the Service. Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in the UK, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the Service will be litigated exclusively in the Courts of England, and you and Sprkle consent to personal jurisdiction in those courts. To contact Sprkle, about any legal matters please email us on hello@sprkle.com