Sparkk TV Terms of Service
By accessing the website at https://www.sparkktv.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. Use License
- Permission is granted to temporarily download one copy of the materials (information or software) on Sparkk TV's website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Sparkk TV's website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sparkk TV at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Content On Our Sites
Our sites include a combination of content that we create, that our partners create, and that our users create. All materials published on our sites, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our sites in whole or in part. If you would like to request permission to use any of the content on our sites, please review our copyright notice page.
All content is copyright to the author or creator of the content and may not be re-used or re-distributed without the express written consent of Sparkk TV and/or the author of the content.
a. Copyright Policy
Sparkk TV retains copyright for only it's own intellectual properties and content on this site. "Series", "Web Series", "Episodes", "Shows" and more content on this site may be copyright by it's content creator and Sparkk TV uses permission from the copyright holder or content creator to use content on it's site. Users may not use or re-produce any content on this site without permission from Sparkk TV and/or the copyright holder.
b. Service Contract
The Sparkk TV Service comprises (i) the Sparkk TV website, currently located at www.sparkktv.com (and/or any successor or additional website(s) owned or operated by or for Sparkk TV) ; (ii) the Sparkk TV syndication network (which includes third party websites) ; (iii) the servers operated by or on behalf of Sparkk TV; and/or (iv) any other technology and/or services that Sparkk TV provides its users. The Sparkk TV Service enables you to make content available to other users of the Sparkk TV Service and to access content made available by other users of the Sparkk TV Service. As defined herein, “User Material” refers to all comments and other communications posted or published by you or other users on the Sparkk TV Service, including in any bulletin board, chat, discussion group, feedback area, news group or email,.” As defined herein, “Video Material” refers to the video you upload to the Sparkk TV Services. As defined herein, “Publisher Material” refers to any other material you provide and includes without limitation music, animation, text, software, scripts, graphics, images, audio, information and interactive features. You are solely responsible for any User Material that you upload and publish to the Sparkk TV Service, including complying with these TOU.
Except as processed herein you retain all of your rights in your User Material. You shall be solely responsible for your own User Material and the consequences of posting or publishing it on the Sparkk TV Service. In connection with User Material that you make available on the Sparkk TV Service, you expressly represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Sparkk TV to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Material to enable inclusion and use of the User Material as part of the Sparkk TV Service and in the manner contemplated by these TOU. By submitting, posting, uploading, emailing or otherwise providing User Material to Sparkk TV, you hereby grant (or warrant that the owner of such rights has expressly granted) Sparkk TV a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable license to use, reproduce, modify, distribute, prepare derivative works of, display, publish, perform and transmit the User Material in connection with the Sparkk TV Service (and its successors) business, including without limitation for promoting and redistributing part or all of the Sparkk TV Service (and derivative works thereof) in any media formats and through any media channels. You warrant that all moral rights to the User Material you submit have been waived. You also hereby grant each user of the Sparkk TV Service a non-exclusive license to access your User Material through the Sparkk TV Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Material as permitted through the functionality of the Sparkk TV Service and under these TOU.
c. Episode Player
The Sparkk TV Service includes an episode player that uses third-party API's the air shows/episodes to Sparkk TV. The Sparkk TV Service uses third-party API's through (Youtube & Google Tag Manager). Sparkk TV also may air up to one ad before the programming which will not interfere with any ads that you may have set-up with your third-party video supplier. The Sparkk TV Service is royalty free and therefore it is encouraged upon to set up your own revenue generating ads through your third-party video supplier if you want to generate revenue from your show/episodes/series. Sparkk TV does not allow an opt out to the Episode Player. The Sparkk TV Service through the episode player does allow for ad content but must be limited. The limited ad content does include the one Sparkk TV ad. The limited ads allow for; (One) Sparkk TV ad before content/programming, plus and/or (One) Third-party ad before content/programming, plus and/or (One) pop-up third-party ad during content/programming in the lower bottom area of video (not covering any Sparkk Online Television Network logos or properties) . The Sparkk TV Service reserves the right any of the afore-mentioned with a 15 day written notice to all show creators. For more information, please see our Video Services Policy.
4. Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account. For more information, please see our Social Networking Policy.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.
- The materials on Sparkk TV's website are provided on an 'as is' basis. Sparkk TV makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Sparkk TV does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Sparkk TV or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Sparkk TV's website, even if Sparkk TV or a Sparkk TV authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
9. Accuracy of Materials
The materials appearing on Sparkk TV's website could include technical, typographical, or photographic errors. Sparkk TV does not warrant that any of the materials on its website are accurate, complete or current. Sparkk TV may make changes to the materials contained on its website at any time without notice. However Sparkk TV does not make any commitment to update the materials.
Sparkk TV has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sparkk TV of the site. Use of any such linked website is at the user's own risk.
Sparkk TV may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
12. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Ohio and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.