These terms of use (these “Terms”) set forth the legally binding terms and conditions for your access to and use of any websites, mobile sites, mobile applications, products or services (the “Services”) offered by Social Sparsh. (“Social Sparsh”, “us”, “our”, and “we”). The “Customer”, “you”, and “you’re” shall refer to any natural person or entity and its authorized users that subscribe to or use the Services. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
By accessing or using the Site, you are accepting these Terms (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent).you may not access or use the Site or accept the Terms if you not at least 13 years old. If you do not agree with all of the provisions of these Terms, do not access and/or use the Site.
These terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
We may amend the Terms related to the Services from time to time. Amendments will be effective upon our posting of such updated Terms at this location or the amended policies or supplemental terms on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.
1. Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on the Site. Social Sparsh may suspend or terminate your Account in accordance.
2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Social Sparsh of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Social Sparsh cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. Account Types. We currently offer a free Account with limited functionality (“Free Account”), and various fee-bearing Accounts offering feature enhancements (“Paid Subscriptions”). The Accounts’ details and pricing are available.
1. License Subject to these Terms, Social Sparsh grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal or internal business purposes, in accordance with the Account type you are currently subscribing to.
2. Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services, any third-party use of the Services, or any third-party data contained therein (except to the extent such restrictions are prohibited by applicable law; and (b) you shall not access the Services in order to build a competitive product or service or copy any ideas, features, functions, or graphics of the Services. Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
3. Modification. Social Sparsh reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Social Sparsh will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
4. No Support or Maintenance. You acknowledge and agree that Social Sparsh will have no obligation to provide you with any support or maintenance in connection with the Services.
5. Ownership. Excluding any Customer Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Social Sparsh or its suppliers. Neither these Terms (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Social Sparsh and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
1. Customer Content. “Customer Content” means any and all information and content (including text, images, photos, videos, audio, and documents) that a Customer provides or makes available to Social Sparsh in connection with the use of the Services. You are solely responsible for your Customer Content. You assume all risks associated with the use of your Customer Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Customer Content that personally identifies you or any third party.You hereby represent and warrant that your Customer Content does not violate our Acceptable Use Policy (defined in Section 3).You may not represent or imply to others that your Customer Content is in any way provided, sponsored or endorsed by Social Sparsh. Because you alone are responsible for your Customer Content, you may expose yourself to liability if, for example, your Customer Content violates the Acceptable Use Policy. Social Sparsh is not obligated to backup any Customer Content, and your Customer Content may be deleted at any time without prior notice.You are solely responsible for creating and maintaining your own backup copies of your Customer Content if you desire.
2. License. You hereby grant (and you represent and warrant that you have the right to grant) to Social Sparsh an irrevocable, perpetual, nonexclusive, royalty-free and fully paid, worldwide license (with the right to sublicense) to access, use, reproduce, electronically distribute, transmit, perform, format, display, store, archive, and index the Customer Content for the purpose of supporting your use of the Services and providing Services to you.We may also use Customer Content for the purpose of supporting and developing the Services, provided that when doing so, we shall only use Customer Content in an anonymized and aggregated way. Subject only to the limited license expressly granted herein, Customer shall retain all right, title and interest in and to the Customer Content and all intellectual property rights therein. Nothing in this Agreement will confer on Social Sparsh any right of ownership or interest in the Customer Content or the intellectual property rights there
3. Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to use the Services to collect, upload, transmit, display, or distribute any Customer Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- In addition, you agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii)use the Services to harvest, collect, gather or assemble information or data regarding other Customers, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services); or (vi) harass or interfere with any other Customer’s use and enjoyment of the Services.
4. Enforcement. We reserve the right (but have no obligation) to review any Customer Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your Customer Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
5. Feedback. If you provide Social Sparsh with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Social Sparsh all rights in such Feedback and agree that Social Sparsh shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.Social Sparsh will treat any Feedback you provide to Social Sparsh as non-confidential and non-proprietary.You agree that you will not submit to Social Sparsh any information or ideas that you consider to be confidential or proprietary.
1. Third-Party Services. You acknowledge that the Service will enable or assist you to access, interact with, and/or purchase services from several supported platforms and other third parties via third-party websites or applications (collectively, “Third-Party Services”).Such Third-Party Services are not under the control of Social Sparsh, Social Sparsh does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services and is not responsible for any Third-Party Services.You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. Any use of Third-Party Services is governed solely by the terms and conditions of such Third-Party Services and any contract entered into, or any transaction completed via any Third-Party Services, is between you and the relevant third party, and not with Social Sparsh. You shall comply in all respects with all applicable terms of the Third-Party Services that you access or subscribe to in connection with the Services. If at any time any Third-Party Services cease to make their programs available to us on reasonable terms, we may cease to provide such features to you without entitling you to refund, credit, or other compensation.
2. Other Customers. Each Customer is solely responsible for any and all of its own Customer Content.Because we do not control Customer Content, you acknowledge and agree that we are not responsible for any Customer Content, whether provided by you or by others.We make no guarantees regarding the accuracy, currency, suitability, or quality of any Customer Content.Your interactions with other Customers are solely between you and such Customers.You agree that Social Sparsh will not be responsible for any loss or damage incurred as the result of any such interactions.If there is a dispute between you and any Customer, we are under no obligation to become involved.
3. Release. You hereby release and forever discharge Social Sparsh (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Customers or any Third-Party Products and Services).
The Services Are Provided On An “as-is” And “as Available” Basis, And Social Sparsh (and Our Suppliers) Expressly Disclaims Any And All Warranties And Conditions Of Any Kind, Whether Express, Implied, Or Statutory, Including All Warranties Or Conditions Of Merchantability, Fitness For A Particular Purpose, Title, Quiet Enjoyment, Accuracy, Or Non-infringement. We (and Our Suppliers) Make No Warranty That The Services Will Meet Your Requirements, Will Be Available On An Uninterrupted, Timely, Secure, Or Error-free Basis, Or Will Be Accurate, Reliable, Free Of Viruses Or Other Harmful Code, Complete, Legal, Or Safe. If Applicable Law Requires Any Warranties With Respect To The Site, All Such Warranties Are Limited In Duration To Ninety (90) Days From The Date Of First Use. Social Sparsh Disclaims Any And All Responsibility Or Liability In Relation To The Content Made Available Through The Services, Including The Customer Content, Or Any Content Or Services Provided By Third Parties. Social Sparsh Does Not Control Or Vet Customer Content And Is Not Responsible For What Users Post, Transmit, Or Share On Or Through The Services. Social Sparsh Is Not Responsible Or Liable In Any Manner For Any Third-party Services Associated With Or Utilized In Connection With The Services, Including The Failure Of Any Such Third-party Services Or Supported Platforms.
Some Jurisdictions Do Not Allow The Exclusion Of Implied Warranties, So The Above Exclusion May Not Apply To You. Some Jurisdictions Do Not Allow Limitations On How Long An Implied Warranty Lasts, So The Above Limitation May Not Apply To You.
You agree to indemnify and hold Social Sparsh (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations, (d) your Customer Content or (e) Third-Party Services.Social Sparsh reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.You agree not to settle any matter without the prior written consent of Social Sparsh.Social Sparsh will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
To The Maximum Extent Permitted By Law, In No Event Shall Social Sparsh (or Our Suppliers) Be Liable To You Or Any Third Party For Any Lost Profits, Lost Data, Costs Of Procurement Of Substitute Products, Or Any Indirect, Consequential, Exemplary, Incidental, Special Or Punitive Damages Arising From Or Relating To These Terms Or Your Use Of, Or Inability To Use, The Site, Even If Social Sparsh Has Been Advised Of The Possibility Of Such Damages. Access To, And Use Of, The Site Is At Your Own Discretion And Risk, And You Will Be Solely Responsible For Any Damage To Your Device Or Computer System, Or Loss Of Data Resulting Therefrom.
Some Jurisdictions Do Not Allow The Limitation Or Exclusion Of Liability For Incidental Or Consequential Damages, So The Above Limitation Or Exclusion May Not Apply To You.
1. Subscription Fees. Paid Subscriptions can be purchased directly from Social Sparsh by paying a monthly or yearly subscription fee. Subscriptions are billed in advance on a monthly or yearly basis and are non-refundable for the subscription period they are purchased for. You must provide us with a valid credit card or other payment method (e.g., PayPal account) to pay the subscription fee. You agree that we may process your credit card or other valid payment method on each renewal term, on the calendar day corresponding to the first day you subscribed to the Paid Subscription.
2. Auto-renewal and Cancellation. Your payment to Social Sparsh will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to a Free Account. You may cancel your Paid Subscription at any time.
3. Changes to Subscription Terms. We may change the price for the Paid Subscriptions from time to time, and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Services prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
The Agreements will continue to apply to you until terminated by either you or Social Sparsh. However, you acknowledge and agree that the perpetual license granted by you in relation to Customer Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. We may terminate the Agreements or suspend your access to the Services at any time, including in the event of your actual or suspected unauthorized use of the Services and/or Content, or non-compliance with the Agreements. If you or Social Sparsh terminate the Agreements, or if we suspend your access to the Services, you agree that we shall have no liability or responsibility to you and we will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. To learn how to terminate your Account, please contact us through the Customer Service contact form which is available on our Help & Support page. This section will be enforced to the extent permissible by applicable law. You may terminate the Agreements at any time.Any provision of this Agreement which, either by its terms or to give effect to its meaning, must survive, and such other provisions which expressly, or by their nature, are intended to survive termination shall survive the expiration or termination of this Agreement.
We respect the intellectual property of others and ask that our Customers do the same.We have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of Customers who are repeat infringers of intellectual property rights, including copyrights.If you believe that any of the copyrighted material, which is directly available via the Services is unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- 1. your physical or electronic signature;
- 2. identification of the copyrighted work(s) that you claim to have been infringed;
- 3. identification of the material on our services that you claim is infringing and that you request us to remove;
- 4. sufficient information to permit us to locate such material;
- 5. your address, telephone number, and e-mail address;
- 6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- 7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please Read This Arbitration Agreement Carefully. It Is Part Of Your Contract With Social Sparsh And Affects Your Rights. It Contains Procedures For Mandatory Binding Arbitration And A Class Action Waiver)
A. Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by Social Sparsh that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and Social Sparsh, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Customers or beneficiaries of services or goods provided under the Terms.
B. Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Social Sparsh should be sent. After the Notice is received, you and Social Sparsh may attempt to resolve the claim or dispute informally. If you and Social Sparsh do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
C. Additional Rules for Non-Appearance Based Arbitration. If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.