Terms and Conditions

Welcome to Spark.Live’s terms and conditions. These terms and conditions (“Terms and Conditions”), are between Spark.Live and you, (hereinafter referred to as “You” or “Your” or “User(s)”). By accessing our website (“Website”) and/or our app, Website and App together shall be referred to as “Platform”, you agree to be bound by the provisions of these Terms and Conditions.

Please read these Terms and Conditions, along with the Privacy Policy and FAQ, as they shall govern your use of the Platform. By using or visiting the Platform, you signify your agreement to (1) these “Terms and Conditions”, (2) Spark.Live’s Privacy Policy, FAQ, and any other terms that are updated from time to time. If you do not agree to any of these terms, please do not use the Platform.

A. About Spark.Live

The Website and the App are owned and operated by Home Screen Network, a private limited company incorporated under the (Indian) Companies Act, 2013, and having its registered office at No. 334 Sunbeam, 7 A Main, Koramangala 4th Block, Bengaluru 560034, Karnataka, India, (hereinafter referred to as “us” or “we” or “our” or “Company”).

B. Spark.Live Platform

  1. These Terms and Conditions apply to all Users of the Spark.Live Platform, including Spark Experts, who are also contributors of User Content on the Platform. The Platform includes all aspects of the Website and App which includes but is not limited to products, software and service offered via the Platform.  
  2. The Spark.Live Platform is an online platform that supports and facilitates the online creation and distribution of videos, tutorials, consultations, articles or podcasts, by Experts and Users of the Platform, and acts as an intermediary between the Spark Expert and the User. A Spark Expert may give consultations or take sessions by using the Platform, or an Expert or User may create a video or audio clip. Such content, including for both Expert and User, uploaded through the use of the Platform, shall hereinafter be referred to as “User Content”. You agree and acknowledge that Spark.Live has no control over, and assumes no responsibility for, the User Content and by using the Platform, you expressly relieve Spark.Live from any and all liability arising from the User Content.
  3. The Platform may include or contain links to third-party websites that may or may not be owned or controlled by Spark.Live. Spark.live has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website. In addition, Spark.Live will not and cannot censor or edit the content of any third-party site. By using the Platform, you expressly relieve Spark.Live from any and all liability arising from your use of any third-party website or services. However, we recommend that before you use any third-party services or website, you read and understand the terms and conditions and privacy policy of each such website that you visit.
  4. Subject to these Terms and Conditions, Privacy Policy and all other other rules and policies made available or published elsewhere, Spark.Live hereby grants you a non-exclusive, non-transferable, non-sublicensable, limited license to use the Platform in accordance with these Terms and Conditions.
  5. You agree and acknowledge that Spark.Live shall have the right at any time to change or discontinue any aspect or feature of the Platform, including, but not limited to, the User Content and hours of availability. Further, Spark.Live may discontinue disseminating any portion of information, or category of information may change, or Spark.Live may eliminate any transmission method and may change transmission speeds or other signal characteristics. Spark.Live reserves the right to refuse access to the Platform, terminate Accounts, remove or edit contents without any notice to You.

C. Spark.Live Accounts

In order to access some of the features of the Platform, you may have to create your account with Spark.Live. Accounts are of two kinds: Expert Account and User Account, and these terms are relevant for both. You agree and confirm that you will never use another User’s or Expert’s account, nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account. You must notify Spark.Live immediately of any breach of security or unauthorized use of your account by writing to support@spark.live. At no point in time will Spark.Live be liable for any losses caused by any unauthorized use of your account; you shall be solely liable for losses caused to Spark.Live or others due to such unauthorized use, if any.

Spark.Live takes no responsibility for any User Content that is uploaded on the Platform, and further, the Expert or User shall be solely responsible for his or her own actions in utilizing such User Content and availing the Spark.Live Platform provided herein.

D. Access, Permissions and Restrictions

Spark.Live hereby grants you permission to access and use the Platform as set forth in these Terms and Conditions, provided that: 

  1. You agree not to distribute in any medium any part of the Spark.Live Platform or the content without Spark.Live’s prior written authorization.
  2. You agree not to alter or modify any part of the Spark.Live Platform.
  3. You agree not to access content of any other User through any technology or means other than the videos, articles or podcasts on the Spark.Live Platform itself.
  4. You agree not to use the Spark.Live Platform for any of the following commercial uses unless you obtain Spark.Live’s prior written approval:
    1. the sale of access to the Spark.Live Platform;
    2. the sale of advertising, sponsorships, or promotions placed on or within the Spark.Live Platform or content; or
    3. the sale of advertising, sponsorships, or promotions on any page or website that provide similar Spark.Live Platform as that of Spark.Live.
  5. You agree to receive installs and updates from time to time from Spark.Live. These updates are designed to improve, enhance and further develop the Spark.Live Platform and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Spark.Live to deliver these to you) as part of your use of the Spark.Live Platform.
  6. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Spark.Live Platform in a manner that sends more request messages to Spark.Live’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Spark.Live grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Spark.Live reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard. You agree not to collect or harvest any personally identifiable information, including account names, from the Spark.Live Platform, nor to use the communication systems provided by the Spark.Live Platform (e.g., comments, email) for any commercial solicitation purposes for usage outside of Spark.Live platform. You agree not to solicit, for commercial purposes, any Users of the Spark.Live Platform with respect to User Content.
  7. You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam. Further, you give Spark.Live limited, royalty free, worldwide, non-exclusive license to use the User Content and communication in developing its Platform and in any of its marketing or promotional activities.
  8. In your use of the Spark.Live Platform, you will at all times comply with all applicable laws and regulations.
  9. Spark.Live reserves the right to discontinue any aspect of the Spark.Live Platform at any time with or without notice at its sole discretion.

E. Content Use

In addition to the general restrictions mentioned above, the following limitations and conditions shall apply to your use of the Content.

  1. Spark.Live Content utilized on the Spark.Live Platform, which shall include but not be limited to trademarks, service marks and logos (“Marks”), processes, images, software, graphics are owned by or licensed to Spark.Live and subject to copyright and other intellectual property rights under the law.
  2. User Content is provided to you on an as is basis. You may access Content for your information and personal use solely as intended through the provided functionality on the Spark.Live Platform and as permitted under these Terms and Conditions. You shall not download any User Content unless you see a “download” or similar link displayed by Spark.Live on the Spark.Live Platform for that User Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any User Content for any other purposes other than as provided herein without the prior written consent of Spark.Live or the respective licensors of the User Content. Spark.Live and its licensors reserve all rights not expressly granted in and to the Spark.Live Platform and the User Content.
  3. You agree not to circumvent, disable or otherwise interfere with security-related features of the Spark.Live Platform or features that prevent or restrict use or copying of any User Content or enforce limitations on use of the Spark.Live Platform or the User Content therein.
  4. You understand that when using the Spark.Live Platform, you will be exposed to User Content from a variety of sources and by different Users, and that Spark.Live is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spark.Live with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Spark.Live, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Platform.

F. Content and Conduct

  1. As a Spark.Live Expert or User, you may submit User Content on the Platform, including videos and User comments. You understand that Spark.Live does not guarantee any confidentiality with respect to any User Content you submit.
  2. You shall be solely responsible for your own User Content and the consequences of submitting and publishing such User Content on the Spark.Live Platform. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content that you submit; and you grant limited license to Spark.Live to all patent, trademark, trade secret, copyright or other proprietary rights in and to such User Content for publication on the Spark.Live Platform pursuant to these Terms and Conditions for the duration the said User Content is available on Spark.Live Platform.
  3. For clarity, you retain your ownership rights in your User Content. However, by submitting User Content to Spark.Live, you hereby grant Spark.Live a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, display, publish, make available online or electronically transmit, the User Content in connection with the Spark.Live Platform and Spark.Live’s (and its successors’ and affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Spark.Live Platform in any media formats and through any media channels. You also hereby grant each User of the Spark.Live Platform a limited, non-exclusive license to access your User Content through the Spark.Live Platform. The above licenses granted by you in the User Content you submit to the Spark.Live Platform terminate within a commercially reasonable time after you request Spark.Live to remove or delete your videos from the Platform. You understand and agree, however, that Spark.Live may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in User comments and testimonial you submit are perpetual and irrevocable.
  4. You further agree that User Content you submit on the Spark.Live Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Spark.Live all of the license rights granted herein.
  5. Furthermore, you confirm that the User Content uploaded by you is not:
    1. False, inaccurate or misleading;
    2. Infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
    3. Violate any law, statue, ordinance or regulation;
    4. Defamatory, unlawfully threatening or unlawfully harassing;
    5. Obscene or contain pornography.
    6. Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
  6. You understand and confirm that you shall not, during your use of the Spark.Live Platform, at any time post or publish any content or comments, or act in any way which will amount to harassment of any other User. If at any given point it comes to the notice of Spark.Live that you are engaged in any kind of harassment of other Users, then in such case you agree that Spark.Live shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination, and they also reserve the right in their sole discretion to initiate any legal proceedings against you in such cases.
  7. Spark.Live at its sole discretion may process any audio or audio-visual content uploaded by you to the Spark.Live Platform to confirm if the same is in accordance with the Spark.Live internal quality requirements and is compatible with the Platform.
  8. Spark.Live does not endorse any User Content submitted on the Spark.Live Platform by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and Spark.Live expressly disclaims any and all liability in connection with User Content. Spark.Live does not permit copyright infringing activities and infringement of intellectual property rights on the Platform, and Spark.Live will remove all User Content if properly notified that such Content infringes on another’s intellectual property rights. Spark.Live reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright.

G. Spark.Live Intellectual Property Rights

The Spark.Live Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the Spark.Live Platform, is owned and controlled by Spark.Live, and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations. For clarity, content in the above sentence shall not include User Content.

Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third party and so expressly mentioned, Spark.Live owns all IPR to and into the trademark “Spark.Live” and the Spark.Live Platform. The mark “Spark.Live” is the sole property of Spark.Live. Reproduction in whole or in part of the same is strictly prohibited unless used with the express written permission of Spark.Live.

H. Refunds

Any refunds that are to be processed shall be processed in accordance with Spark.Live’s FAQ.

I. Electronic Communication

When you visit the Spark.Live Platform or send an email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email or posting notices on the Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.

J. Termination of Account

  1. Spark.Live will terminate a User’s access to the Spark.Live Platform if:
    1. The Spark Expert requests for it through email to support@spark.live;
    2. The User is a repeat copyright infringer;
    3. The User breaches any terms of these Terms and Conditions;
    4. You violate any of the applicable laws;
    5. Your use of the Spark.Live Platform disrupts our business operations or affects any other party/User; or
    6. You have behaved in a way which objectively could be regarded as inappropriate or unlawful or illegal, or which would bring any claims against Spark.Live.
  2. Spark.Live reserves the right to decide whether User Content violates these Terms and Conditions for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, or any other parameter that Spark.Live deems fit from time to time. Spark.Live may, at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a User’s account for submitting such material in violation of these Terms and Conditions.
  3. We may suspend access to the Spark.Live Platforms if we reasonably believe that the Spark.Live Platforms have been or are likely to be misused, and we will notify You accordingly. Any termination of access will not affect liability previously incurred by You.

K. Effective of Termination

In case any of the above-mentioned cases occur, Spark.Live reserves the right, in its sole discretion, to terminate or suspend the User’s account with immediate effect. Upon suspension or termination of the User’s account:

  1. Spark.Live shall at its sole discretion withhold or stop any and all payments that are to be made to such User and evaluate the pay-outs. Payments shall only be made for all legitimate work that is not subject matter of any violation or dispute.
  2. Payments shall not be made for the work that is the subject matter of any of the breaches.
  3. User access shall be terminated immediately within 72 hours of notice or breach.

L. Copyright Infringement

  1. Spark.Live operates a clear copyright policy in relation to any User Content alleged to infringe the copyright of a third party.
  2. As part of Spark.Live’s copyright policy, Spark.Live will terminate User access to the Spark.Live Platform if a User has been determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice.
  3. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the instructions given in the copyright policy below on how to make a claim of copyright infringement.
  4. Notice of Copyright Infringement: Pursuant to provisions of the Indian Copyright Act, 1952, read with the Information Technology Act of 2000, we, an intermediary, allow general public to post content on our platform. We have implemented procedures for receiving written notification of claimed infringements on the User Content uploaded on the Spark.Live Platform. We have also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may provide us with a written communication which contains:
    1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    2. A description of the copyrighted work that you claim has been infringed upon;
    3. A description of where the material that you claim is infringing is located on the Spark.Live Platform, including the educator name, topic and any other detail identifying the infringing content;
    4. Your email address, your physical address and telephone number;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  5. Please submit your notice in writing to our Copyright Agent by emailing us at support@spark.live.
  6. Our policy to deal with Copyright infringements:We follow a 3-strike policy. Three instances brought to our notice that are provided with all required supporting information will lead to the Spark Expert getting banned from the Spark.Live Platform. His/her right to any and all compensation or monetary benefit that he/she might be eligible for shall be revoked. The detailed process is as under:
    1. First case of violation: The infringing User Content is taken down and Expert is given a warning and is suspended for a week from taking a consultation or a session.
    2. Second case of violation: The Expert is suspended from making any more videos or taking consultations/sessions on the Spark.Live Platform for a month, and all User Content that amount to copyright violation are brought down immediately.
    3. Third violation: The Expert is banned from the Spark.Live Platform and will be unable to take any more sessions or consultations in the future.

M. Confidentiality

You will not without obtaining prior written consent of Spark.Live, disclose to any third party any Confidential Information (as defined below) that is disclosed to you during the term of your use of the Spark.Live Platform.

For the purpose of this clause, Confidential Information shall include but shall not be limited to employee details, User list, business model, processes, ideas, concepts etc. relating to Spark.Live or Spark.Live Platform which are not available in the public domain. You acknowledge and agree that the Confidential Information so provided to you shall at all time be the property of Spark.Live and any breach of the same shall cause irreparable damage to us.

N. Disclaimer

YOU AGREE THAT YOUR USE OF THE SPARK.LIVE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SPARK.LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SPARK.LIVE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, SPARK.LIVE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE USER CONTENT OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY CONTENT ON SPARK.LIVE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SPARK.LIVE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SPARK.LIVE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SPARK.LIVE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPARK.LIVE PLATFORM. SPARK.LIVE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER CONTENT OR SPARK.LIVE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SPARK.LIVE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SPARK.LIVE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SUBSCRIPTION OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

O. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SPARK.LIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR ANY OTHER CONTENT AVAILABLE ON SPARK.LIVE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SPARK.LIVE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SPARK.LIVE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SPARK.LIVE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WE UNDERSTAND THAT IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED. IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, SPARK.LIVE LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLY YOU THE PLATFORM AGAIN.

YOU SPECIFICALLY ACKNOWLEDGE THAT SPARK.LIVE SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

THE PLATFORM IS CONTROLLED AND OFFERED BY SPARK.LIVE FROM ITS FACILITIES IN INDIA. SPARK.LIVE MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

P. Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Spark.Live, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Spark.Live Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; (iv) any claim that your User Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Spark.Live Platform.

Q. Eligibility to use and Acceptance of the Terms and Conditions

You affirm that you are either 18 years or more of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the Spark.Live Platform.

Spark.Live reserves the right to refuse access to use the Platforms to any User, or to suspend, and/or terminate access granted to existing registered Users, at any time, without according any reason for doing so.

We provide these Terms and Conditions with our Spark.Live Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed with them. You agree and acknowledge that your use of the Spark.Live Platform is subject to the most current version of the Terms and Conditions made available on the Spark.Live Platform at the time of such use.

R. Force Majeure

Spark.Live shall not be liable for failure to perform, or the delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather and/or unusually severe epidemics.

S. Information Technology Act

These Terms and Conditions are published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the Spark.Live Platform.

You are advised not to post any information or messages that are, or that may be construed, as being malicious, defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented, or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in a public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.

T. Other Laws

Certain laws require to maintain data with respect to the Spark.Live Platform and other personal information in a prescribed format, and Spark.Live will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.

U. Governing Law and Jurisdiction

The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles, and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Bangalore, Karnataka, India.

V. Modification, Amendment or Termination

Spark.Live may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Spark.Live Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.

W. General

If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of it will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Any notice required to be given in connection with the Spark.Live Platform shall be in writing and sent to the registered office of Home Screen Network Pvt. Ltd. We do not guarantee continuous, uninterrupted or secure access to the Spark.Live Platform, and operation of the Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only, and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.