Spark Terms of Use

Last Updated : 21 May 2021

These Spark Terms of Service (“Spark Terms”) govern Your use of https://www.we-spark.com/ (“Spark”), operated by Meero SAS and its affiliates (“us” or “we”). Spark is a website that allows individuals to find a freelance photographer for their wedding celebration (“Spark Services”). Please read these Spark Terms carefully.  

1 - ACCOUNT CREATION

Individuals who wish to use the Spark Services (“You”) may enter their information in the form to contact the Spark team. 

Please note that You must be at least 18 years old to contact Spark.    

By contacting Spark You represent and warrant that any information You provide in connection with Your registration for and use of the Spark Services is and will remain true, accurate, and complete, and that You will maintain and update such information regularly.

2 - CONTENT

Your Content

You are solely responsible for any content You upload to Spark and/or communicate to the Spark team, including, without limitation, Your visual and/or audio visual media, documentation, commercial, licensing, and/or contractual information (“Your Content”).  If You are not the sole owner of Your Content, You must obtain all rights necessary for You to transmit Your Content to Spark.  

You represent and warrant that (1) You own or have the requisite rights to transmit Your Content to Spark and use Your Content on Spark; (2) Your Content does not violate Spark Terms, or any third party’s rights (including, without limitation, copyright, trademark, and privacy rights); and (3) Your Content is not subject to any restriction on disclosure, transfer, transmission, download, export, or re-export under any applicable laws.

We are not owners of Your Content. So that we may provide Spark, the Spark Services, and/or any Spark products, offerings and/or other features, you hereby give us and our affiliates a worldwide, perpetual, royalty-free, non-exclusive, transferable, sub-licenseable, assignable, unlimited license to use Your Content in connection with Spark, including, without limitation, the rights to store, reproduce, distribute, translate, study, adapt, modify, display, create derivative works from, and perform (publicly or otherwise) all or part of Your Content.

3 - RESTRICTIONS

By visiting Spark, You agree to comply with all laws, rules and regulations, whether federal, state, local or provincial, applicable to Your use of Spark,  and to any content You transmit to and/or through Spark, including, without limitation, copyright laws and data protection laws and/or regulations.  

Regarding Your use of the Spark website, you may not: 

  • remove or alter any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
  • access (or attempt to access) any non-public areas of Spark;
  • interfere with any access or use restrictions, or prevent (or attempt to prevent) another user from accessing or using Spark, or disrupt Spark or the Spark Services;
  • use any robot, spider, or other automated means to access or scan Spark and/or the Spark Services, frame or mirror any part of Spark and/or the Spark Services, or create a competitive business to the Spark Services;
  • use any data mining or data gathering or extraction methods, or otherwise collect information about Spark and/or the Spark Services, and/or its visitors and/or users;
  • collect or store personal information about any person or entity;
  • send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;
  • attempt to probe, scan, compromise or test the vulnerability of the Spark Wesbite  and/or the Spark Services, system or network or breach any security or authentication;
  • reverse engineer or decompile any (part) of Spark and/or the Spark Services;
  • decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of Spark and/or the Spark Services
  • resell, sublicence, rent, lease, offer or otherwise commercialize any Spark Service, offering, product and/or feature ; 
  • use Spark and/or the Spark Services for any illegal or unauthorized purpose.

4 - COPYRIGHT COMPLAINTS

We follow all applicable copyright laws and takes copyright infringement extremely seriously. We will process copyright complaints submitted to us under applicable copyright legislation at legal@meero.com.  When sending a complaint, please provide the following information:

  • Your contact details, including Your full name, address, phone number, and email address; 
  • Identification of the applicable copyrighted work and its location on Spark (a link to the photograph, for example);
  • A statement attesting that You believe in good faith that use of the copyrighted work You have identified is not authorized (whether by the owner, the owner’s agent, or the law); and
  • any further information required to process Your complaint, and/or any further information required by the applicable law under which You are making Your complaint.

We will respond to complaints in the order we receive them.  Sending multiple complaints will not accelerate the process.  Please note that information concerning the complaint, including Your full name, email, address, and other information, will be forwarded to the user implicated in the complaint.  If You would prefer that Your information is not disclosed, You may appoint an agent to file the complaint on Your behalf.

5 - PRIVACY

Your use of the Spark and the Spark Services is governed by the Spark Privacy Policy, which is hereby incorporated by reference in its entirety.

6 - PROMOTIONS AND CONTESTS

We may periodically feature sweepstakes, contests, raffles or similar promotions (“Promotions”) via Spark. Such Promotions may be governed by rules separate from these Terms. In the event Promotion rules conflict with these Terms, the Promotion rules shall control, but solely in connection with the Promotion.

7 - THIRD PARTY SERVICES

Spark may incorporates service and features provided by third parties. In some cases, such third parties may not be identified. You acknowledge and agree that (A) any and all third party services offered on or used in connection with Spark Website and/or Spark Services are subject to the respective third party’s terms of use and/or policies, and (B) we are not responsible for any such third party services and/or policies.

Please be aware that third party vendors may charge a fee in connection with processing payments. 

8 - NON-AVAILABILITY

Spark offerings, products, and features are constantly being developed and improved. As a result, and in our sole discretion, some features (whether or not identified as beta) may be modified, temporarily removed, and/or discontinued. We are not liable to You in the event any offering, product and/or feature on Spark and/or the Spark Services becomes temporarily or permanently unavailable. 

9 - INDEMNIFICATION

You will indemnify, hold harmless, and, at our request, defend us and our Affiliates, agents, licensors, suppliers, and each of their respective officers, directors and employees (each an “Indemnitee”) against any and all losses, costs, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by such Indemnitees by reason of any third party claim, suit or proceeding arising out of or in relation to (A) Your Content (including, without limitation, any assertion that Your Content (or use of the foregoing) infringes or may infringe a third party’s rights or violates the Spark Terms, including, without limitation, these Spark Terms and/or (B) your customerss (each, an “Indemnified Claim”). In the event of an Indemnified Claim, (y) You will not agree to any settlement without our prior written consent, and (z) we will have the right to participate, at our own expense and with counsel of our own choosing, in the defense of any Indemnified Claim.

10 - LIMITATION OF LIABILITY

SPARK AND THE SPARK SERVICES ARE PROVIDED ENTIRELY “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NONINFRINGEMENT). WE DO NOT WARRANT THAT THE OPERATION OF SPARK AND/OR SPARK SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, OR THAT ANY ERRORS OR FAILURES WILL BE CORRECTED. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE LOSS OF OR DAMAGE TO YOUR CONTENT, OR THE IMPACT THAT ANY PROBLEMS YOU ENCOUNTER ON SPARK AND/OR SPARK SERVICES MAY HAVE ON YOUR RELATIONSHIP WITH YOUR CLIENTS.  YOU USE SPARK AND/OR SPARK SERVICES AT YOUR OWN RISK, AND YOU ARE RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS, INCLUDING LOCAL RULES REGARDING ONLINE CONDUCT AND ACCEPTABLE CONTENT. 

TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAWS, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, (1) IN NO EVENT WILL WE BE LIABLE TO YOU FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) OUR TOTAL CUMULATIVE COLLECTIVE LIABILITY FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS, HOWEVER CAUSED, ARISING FROM OR IN RELATION TO SPARK OR SPARK SERVICES WILL NOT EXCEED $500 OR THE AMOUNT YOU PAID TO US FOR SPARK SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11 - RESERVED RIGHTS

We reserve all rights not expressly granted to You in these Terms. For the avoidance of doubt we do not grant You any license to our software, trademarks, trade names, or logos.

12 - MISCELLANEOUS

Governing Law

These Spark Terms are governed by the laws of France.  You agree to the non-exclusive jurisdiction of the commercial court of Paris in Paris, France, for any action or proceeding arising out of or related to Spark Terms.  Any disputes arising under or in connection with the Spark Terms (including any of the policies referred to herein) and/or in connection with Spark and/or Spark Services shall be governed by and construed in accordance with the laws of the France, without regard to its conflict of law provisions.  Specifically excluded from application to Spark Terms is the United Nations Convention on the International Sale of Goods.

Spark Communications

The Spark team may contact You regarding the information You provided in the form and/or important changes to these Spark Terms via the email address You have provided. 

Changes

We may make changes or updates to Spark Terms at any time, in our sole discretion, and such amended Spark Terms will go into effect once posted on Spark.com. Your continued use of Spark after the such time will be deemed an acceptance of the changes.  If the changes we make are material, we will notify You through  reasonable means (for example, by posting a notice of the change on Spark.com, or by sending a notice to Your email address).  If You do not accept the amended Spark Terms, You may discontinue Your use of Spark.com. 

Section Headings

The section headings used in Spark Terms are for convenience only and will not be given any substantive effect. 

Survival 

The rights You grant to Us under Spark Terms will remain in effect even if You stop using Spark.  

Enforceability  

If for any reason a court of competent jurisdiction finds any provision of Spark Terms (or any portion thereof) to be unenforceable, that provision (or any such portion) will be enforced to the maximum extent permissible so as to effect the intent of Spark Terms, and the remainder of Spark Terms will continue in full force and effect. 

Assignment

You may not assign or delegate Spark Terms or any of Your rights or obligations hereunder. Any unauthorized assignment will be null and void. You acknowledge and agree that we may assign or sub-contract any of its rights or obligations under these Spark Terms.

Entire Agreement

Spark Terms contain the entire agreement between You and Us with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and us with respect to Spark.com and/or the Spark Services. In the event of any conflict or inconsistency between any of the terms and conditions of Spark Terms and any third-party terms and conditions for services that are integrated with Spark and/or the Spark Services, Spark Terms will control with regard to Your use of Spark and/or Spark Services. In the event of a conflict between the Spark Terms and the Privacy Policy, the Privacy Policy will control, solely to the extent of such conflict.  

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