Terms of service for «Sparkl» www.insparkl.com
This User Agreement (hereinafter - the "Agreement") governs the relationship between the administration of «Sparkl» (insparkl.com) service (here in after - the Administration), which is an electronic diary and allows users to create their own blogs and post it on the pages of recording in the form of text, photographs, , links, and images, and share those records with other users and comment on entries of other users, and is located on the Internet at the following address http://insparkl.com (hereinafter - the Website) and the individual (hereinafter - the "User"), passed procedure for registration on the Site, and in the course of the Agreement, together referred to as the "Parties" and individually - "Party". The user acknowledges an individual party to this User Agreement and to create an account on the Site.
1. Subject of the Agreement
1.1. You have access to the functionality of the Site after registration and authorization.
1.2. Sparkl service allows users to create their own electronic diary and guide him through his publications on post pages, the allocation of which is organized on the basis of the chronological scale of the calendar, to share their messages with other users and comment on entries of other users.
1.3 Posting Entries to the extent possible the privacy - restrict access to post messages. The user as desired may allow you to view any of your posts only for a certain group of people formed by the User independently, by selecting the degree of privacy when writing a message.
2. Rights and Obligations of the parties
2.1. Sparkl Service provides the user the right to use the Site under a simple (non-exclusive) non-transferable license within the functionality of the site.
2.2. Use of the Site by the user by other means, including by copying (reproduction) placed on the site's content, as well as members of the site object of copyright, design elements, scripts and databases of decompilation and modification is strictly prohibited.
2.3. User is obliged to have all the necessary rights and authority to enter into an Agreement for the use of the Site and its execution.
2.4. The user undertakes to use the Site solely for the purposes permitted by this Agreement, and subject to its provisions, the Ukrainian legislation and common practice.
2.5. User agrees not to commit any actions that contradict or hinder the operation of the Site.
2.6. The administration has the right to carry out preventive work in the software and hardware complex of the Site with a temporary suspension of the Site (if possible at night), notifying the user if it is technically possible.
2.7 The administration has the right to inform the user of the Site features and / or changes in its information resources.
2.8. Administration with inform the user agrees not to accompany the message advertising from third parties.
2.9. Administration may send additional messages or notice, consent to which the user has expressed on your profile page / account available after login.
2.10. You agree that by registering on the Website and using the Site, he shall:
2.10.1. Submit the registration accurate, current and complete information about yourself as requested in completing the questionnaire (registration data);
2.10.2. To ensure the safety of the login (email address) and password;
2.10.3. Update registration data and other personal information provided during registration, in case of change;
2.10.4. Bear full responsibility for any action taken by the User with the use of your account, and for any consequences that could result or caused such use.
Exclusive rights to the Content posted on the Website
2.11. The user is allowed to post, edit and delete images, text, audio and video materials, as well as other objects of copyright and (or) related rights under the terms of this agreement and the legislation of Ukraine.
2.12. All items displayed on the Site, including design elements, text, graphics, illustrations, videos, scripts, programs, music, sounds and other objects and their selection (hereinafter - the Content) are subject to the exclusive rights of the Administration, members of the Site and other rights holders, all rights to these objects are reserved;
2.13. Except as set forth in this Agreement and current legislation of Ukraine, no Content may be copied (reproduced), processed, distributed, published, downloaded, transferred, sold or otherwise used in whole or in part, without prior permission, except when the right holder explicitly expressed its consent to the free use of the material by any person;
2.14. By posting your Content to the Site, you grant other users the non-exclusive right to use it by viewing, playback (including backup), processing (including printing copies), other rights - the sole purpose of personal non-commercial use, unless such use causes or may cause harm to the legitimate interests of the right holder;
2.15. Using Content to which the user has gained access solely for your personal, non-commercial use is permitted provided that all signs of authorship (copyrights) or other notices of authorship, save the author's name intact, preserving the product in unaltered form, as well as of non-commercial use;
2.16. In case of receipt of the relevant copyright owner motivated complaints of violation of his rights protected by law, the Administration is entitled to remove the content or block access to users it without notice to you and without giving reasons;
2.17. In case of receipt of claims from third parties related to the placement of Content, User independently and at their own expense will settle these claims. The administration reserves the right at its discretion to transfer any information about the User to any third party, is enough to show (in the opinion of the Administration) evidence of a breach by the User of anyone's rights, or legal requirements, or the decisions of public bodies.
2.18. Administration has the right to make copies of the content in order to streamline and facilitate the publication and storage of the User Content on the Site;
2.19. By posting your Content to any part of the Site, the User Administration automatically donates a non-exclusive right to use it by copying, public performance, reproduction, processing, translation and distribution of the Site for the purposes of or in connection therewith, including for its popularization. For these purposes, the Administration can produce derivative works or insert the User's Content as components in relevant collections, to perform other actions that serve the achievement of these objectives;
2.20. If you delete the User Content, the rights referred to in para. 2.19. this Agreement shall be automatically revoked, but the administration has the right to keep archived copies of user content.
2.21 The administration reserves the right, in its sole discretion, change (moderate) or to remove any information published by the User, including the information (materials) that violate (s) the prohibitions imposed by paragraphs 2.23 - 2.34 of this Agreement (and any other restrictions and requirements contained in the current legislation of Ukraine), including personal messages and comments, suspend, restrict or terminate your access to all or any of the sections or services of the Site at any time for any reason or without giving any reason, with or without notice thereof without answering for any damage that may be caused to the user such action;
2.22. The administration has the right to remove User's account and (or) suspend, restrict or terminate your access to any of the services of the Site if the Administration finds by the user signs of violation of the terms of this Agreement, without giving any reasons for such action.
Restrictions on the use of the Site:
2.23. Sparkl Service has the right to set limits on the amount of user-generated content hosted, as well as introduce other technical restrictions on the use of the Site.
2.24. The site is available only for personal, noncommercial use. The user may not use the Website for profit, to place commercial advertisements, sale of fraudulent schemes, pyramid schemes, and calls for participation.
2.25. User is prohibited from posting material on the Site that violate the legally protected property and (or) personal non-property rights and interests of third parties, including exclusive rights to intellectual property, as well as providing information, the dissemination of which is prohibited by the legislation of Ukraine.
2.26. The user is forbidden to accumulate and collect email addresses or other contact information and personal data of users of the Site by automated or other means for any purpose, including unsolicited mailing purposes (spam) or other unwanted information;
2.27. User agrees not to use the Site to:
- predominantly or exclusively provide links to other sites;
- distribution of promotional materials for personal messages to other users without their prior consent to receive them (spam);
2.28. Hosted by the User on the Site shall not:
- infringe on the honor and dignity, rights and legitimate interests of third parties;
- incite religious, racial or ethnic hatred, contain attempts to foment hatred or incitement to violence;
- propagate fascism and ideology of racial superiority;
- wearing obscene or offensive;
- encroach on the existing public and / or political system, as well as calling for the terrorist activity;
- be propaganda materials;
- contain advertising of narcotics, attempts to distribute narcotics, recipes of their production and advice on usage;
- contain pornographic images and texts, containing scenes pedo-, Animal and necrophilia and other sexual perversions;
- it contains scenes of violence or inhumane treatment of animals;
- contain a description of the means and methods of suicide, any incitement to commit it;
- violate the rights of minors;
- violate the copyright and related rights of third parties;
- contain materials and / or technical decisions, automatically, without the express prior consent of the user adding the code in a user's system or changing system settings of the user's system
2.29. The user is forbidden to use automated scripts (programs) to collect information and (or) interaction with the Site and its services;
2.30. The user is forbidden to enter other users of the Site to the confusion about his identity, using another person's account, deliberately distort the picture of himself, his age or his relations with other persons or organizations;
2.31. The user is forbidden to distribute spam, as well as any other intrusive information not explicitly requested by the user;
2.32. The User is prohibited to place on the sites, home addresses, phone numbers, email addresses, passport details and other personal information of other users or any third parties without their personal consent to such actions;
2.33. The user is forbidden to place any files that contain or may contain viruses or other malicious programs;
2.34. Users may not post any information which, in the opinion of the Administration, is junk, does not meet the objectives of creating the Site, infringes on the interests of users or for other reasons is undesirable for posting on the Site.
3. Personal Data.
3.1. Information about users located in his page contains (may contain) their personal data. However, such user's personal data are publicly available, and anyone who has come to the site can get acquainted with them.
3.2. The user may not transfer your account information to third parties.
3.3. Given that personal data with the consent of users is publicly available, however, Sparkl service when processing personal data The User is obliged to take all organizational and technical measures to protect them from unauthorized access in a manner not provided by the Site.
3.4. If the malfunction of the Site, virus or hacker attack, technical problems in the operation of the Site or other circumstances user's personal data will be made available to other persons, the User agrees that it will not show in this regard, the claim to the service Sparkl, given it makes their personal data publicly available.
3.5. By virtue of this Agreement to enter their personal data on the Site, the User unconditionally agrees:
- the provision of personal data to the public by means of the Site;
- the processing of personal data service Sparkl;
- with the proliferation of personal data by means of the Site;
- with other actions Sparkl service with respect to such data in connection with the operation of the Site.
3.6. Sparkl service handles only the user's personal data, which were posted on the Site. User's personal data are processed using software and hardware and technical means at the discretion of the Site Sparkl service.
3.7. The purpose of processing personal data of the User is to compile a database user of the Site for the operation of the Site and subsequent users of the Services.
3.8. User's personal data are processed within the period of posting on the Site. If personal data is posted on the page, the user will be removed, then the Sparkl service stops processing them. However, service Sparkl has the right to keep a backup of the above data of the User to the elimination of the Site.
3.9. Sparkl service of personal data processing of the user is carried out with a view to the functioning of the Site, and is itself their processing sites can not entail any negative consequences for the user. This service Sparkl is not responsible for the use of personal data of users of other persons.
3.10. Users, in turn, agrees not to post on the Website personal data of other persons, and not to use the personal data of other Users in any manner inconsistent with the requirements of Ukrainian legislation, for illegal or unlawful purposes, in order to reap the benefits and other purposes, not consistent with the objectives of creating the Site.
3.11. The user undertakes to use the personal data on the Site, subject to the Ukrainian legislation. In accordance with the Law of Ukraine "On Protection of personal data» № 2297-VI of 01.06.2010 g .:
- personal data from databases can be used only with a view to ensuring the functioning of the Site and subsequent users of the Service;
- The user is forbidden to transmit information about other users obtained through the Site, to third parties.
3.12. Sparkl Service reserves the right, without the consent of the users to transfer data about users:
- public bodies, including bodies of inquiry and investigation, and local authorities on their reasoned request;
- on the basis of a judicial act;
- third parties upon their reasoned written request in case of violation or alleged violation of their rights;
- otherwise stipulated by the current legislation of Ukraine cases.
4. Responsibility of users and Administration
4.1. User agrees that he is solely responsible for any Content or other information that it downloads or otherwise communicate to the public (publishing) on or with it. You can not upload, transmit or publish content on the Site, if it was not created by the User personally or accommodation which the user does not have permission;
4.2. User agrees that he is solely responsible for any information or for any Content, which he posted on the website, and its interaction with other users;
4.3. Since the site is open for public access and nepremoderiruemym information resource, the Administration does not bear any responsibility for any Content of users or third parties on the Site or using it;
4.4. The administration is not responsible for any behavior of users or third parties using or browsing the Site, both online and off the Internet (offline);
4.5. Site or its services may be at any given time, partially or completely unavailable due to preventive or other works, or any other technical reasons. The administration has the right to carry out the necessary preventive or other work in a particular time in its sole discretion with prior notice or without;
4.6. Administration is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to user content posted on the Websites or in any other place. The administration is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or phone equipment, software, failure of e-mail services, or scripts for technical reasons;
4.7. Administration is not responsible for any damage a user's computer or any other person, mobile devices, any other hardware or software caused by or associated with downloading materials from the Site or links posted on this site
4.8. Under no circumstances will the Site Administration or its representatives shall not be liable to the User or to any third party for any indirect, incidental, unintentional damage, including lost profits or lost data, damage the honor, dignity or business reputation, caused in connection with using the site, site content, or other materials to which you or others have access via the site, even if the administration warned or point to the possibility of such damages.
4.9. Users who considers that his rights and interests have been violated by the actions of the Administration or third parties in connection with the placement of Content on the Site, transmit the claim to the email address firstname.lastname@example.org. This content will be immediately removed from free access to the first demand of legal holder.
4.10. In view of the basic functionality of the site at no cost to the parties not to apply the provisions of the legislation on consumer protection.
4.11. The site is provided "as is", in this connection, the user does not appear to have any guarantee that the site will comply with the requirements of the User. The services are provided continuously, reliably and efficiently. Possible errors in the software of the Site are subject to correction by the administrator.
4.12. Because at the moment site is in beta and is under constant additions and updates of new features, possible technical malfunctions in the Site functioning, which can lead to a loss of Content or unauthorized access to the content posted to the varying degrees of privacy . Under no circumstances will the Site Administration or its representatives shall not be liable to User for any damage caused due to the malfunctioning of this nature that has resulted in the above-mentioned effects, such as loss of Content or unauthorized access to the content posted to the varying degrees of privacy. As well as the shape and nature of the services provided from time to time subject to change without prior notice. Sparkl service may, at its sole discretion, to terminate (permanently or temporarily) providing the Services (or any features within the Services) to the user or to all users of the Site without notice.
4.13. Service Sparkl is not related to the content posted by users on your page, and does not check the content and authenticity of the security of this content or its components, as well as its compliance with the requirements of Ukrainian legislation and the user has the required volume to use it right.
4.14. All responsibility for the contents of the Content and its compliance with legal requirements is the person who created the content and (or) add it to the site.
4.15. Sparkl Service reserves the right to placement in special units on a site advertising materials and links to other resources. This Sparkl Services is not responsible for promotional materials and the availability of such resources, their content, or for any consequences arising from the use of these resources, their content or advertising.
5. Other terms and conditions.
5.1. At a resolution of all disputes under this Agreement, apply the current legislation of Ukraine.
5.2. Recognition of the individual parts of this Agreement null and void does not negate the other provisions of this Agreement.
5.3. Sparkl Service reserves the right to change the terms of the Agreement and all its integral parts without the consent of the user, but with the last notification by a posting on the Site of a new version of the Agreement or any of its integral parts, subjected to changes. Given that newsletters can be accidentally recognized by spam, the User agrees not less than once a month to get acquainted with the content of the Agreement posted on the Site, in order to timely familiarization with its changes. Continued use of the Site by the User after making changes and / or additions to these Terms constitutes acceptance of and consent to such amendments and / or additions.
5.4. This Agreement shall enter into force after the registration of the User email address and password to login to the site and continues to operate indefinitely, or until the entry of a new version of the Agreement into force.
5.5. The new version of the Agreement and / or any of its integral part shall enter into force upon publication on the Site, unless otherwise such changes come into effect no defined service Sparkl after their publication.
5.6. The current version of the Agreement and all its annexes is always on the site publicly available at the following address:
5.7. In accordance with Article 641 of the Civil Code of Ukraine, the present User Agreement recognizes offer.
5.8. In accordance with Article 642 of the Civil Code of Ukraine, the unconditional acceptance (acceptance) the conditions of this offer is considered to be the implementation of the Agreement on the Site User registration by filling in the registration form and the expression of consent to the terms of the Agreement by clicking the button "Register", posted on the website page with the registration form.
This Agreement, concluded by the acceptance of this offer, does not require the signing of bilateral and really electronically.