Please read these terms of use (the “Terms of Use”) carefully before you use any of the FileSpark (“FileSpark”) websites provided by FileSpark and it co–operations partners (collectively “the FileSpark Site”). By accessing and using the FileSpark Site you acknowledge and agree that you will abide by these Terms of Use. If you do not agree to these Terms of Use you should not use the FileSpark Site or any services, information or content made available on the FileSpark Site.
Use Terms and Ownership
The FileSpark Site. The FileSpark Site includes, without limitation:
the FileSpark web extension products, the FileSpark support forum, and other FileSpark services that are accessible through the FileSpark Site (collectively the “FileSpark Site Services”);
the FileSpark software products which are available for download and/or sale, including but not limited to Browser extensions, software products, freeware software products and trial versions, pre–release beta versions of the aforementioned software products (collectively “the FileSpark Software Products”);
information, including but not limited to, technical, contractual, product, program, pricing, marketing and other valuable information (collectively the “Information”); and
content, including but not limited to, data, text, software, music, sounds, photographs, graphics, videos, messages and other materials (collectively the “Content”).
Use Terms for the FileSpark Software Products. The right to use the FileSpark Software Products is granted subject to the applicable end user license agreement for the various FileSpark Software Products.
Use Terms for the FileSpark Site, the FileSpark Site Services, the Information and the Content. The FileSpark Site, the FileSpark Site Services, the Information and the Content are subject to these Terms of Use and any specific terms and conditions and/or terms of use which may be applicable to certain of the FileSpark Site Services, the Information and/or the Content (the “Specific Terms and Conditions”). In case of any conflict of any provisions of the Specific Terms and Conditions and any provisions of these Terms of Use, the Specific Terms and Conditions shall prevail over these Terms of Use.
Subject to these Terms of Use and/or subject to any Specific Terms and Conditions, you are entitled to:
use and view the FileSpark Site and the FileSpark Site Services, the Information and the Content for your personal, non–commercial use only; and
reproduce any Information and Content that is made available for download on the FileSpark Site and/or through the FileSpark Site Services for your personal, non–commercial use only provided, however, that you do not: (a) modify such Information and/or Content; and (b) remove or modify any copyright notice or trademarks.
The limited rights granted above are the sole rights granted to you hereunder in relation to the FileSpark Site, The FileSpark Site Services, the Information and the Content and unless expressly permitted hereunder or in any specific Terms and Conditions you may not modify, adapt, create derivative work of, distribute, license, sell, transmit, display, perform, publish or otherwise make available any Information and/or Content that is available on the FileSpark Site and/or through any FileSpark Service.
Unlawful and Prohibited Use. You may not use the FileSpark Site, the FileSpark Site Services, the Information or the Content for any purpose that is prohibited by law and/or by these Terms of Use. Without limiting the generality of the foregoing, you may not:
Upload, post or otherwise submit or make available any unsolicited or unauthorized advertising, promotion or marketing materials, “junk mail”, “spam”, “chain letters” or any other form of unsolicited or unauthorized messages;
Upload, post or otherwise submit or make available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
Upload, post or otherwise submit or make available any content or information, including but not limited to images, photographs, texts, graphics, specifications, software or any other materials that infringe any third party's trademarks, copyrights, patents, design rights, trade secrets or any other intellectual property right or proprietary right of any kind;
Upload, post or otherwise submit or make available any information or content that you are not entitled to upload, post, or otherwise submit or make available (including but not limited to information or content obtained in the course of an employment or under a duty of confidentiality);
Upload, post or otherwise submit or make available any information or content that contain software viruses, trojan horses, worms or any other malicious software program designed to interrupt, destroy, interfere or limit the functionality of any software or hardware;
Use the FileSpark Site or any of the FileSpark Site Services in any manner that could damage, disable, overburden or impair any FileSpark servers, networks or connections; or
Attempt to gain unauthorized access to any FileSpark Site Services, user accounts, computer systems or networks connected to any FileSpark server through hacking, password mining or by any other means; or
Otherwise use the FileSpark Site, the FileSpark Site Services, the Information and/or the Content in violation with any applicable laws and regulations.
Security and Privacy
Personal Information. Any use of personal information provided by you through the FileSpark Site and/or the FileSpark Site Services or otherwise in connection therewith are governed by the FileSpark Privacy Policy.
User Accounts, Passwords and Security. In order to be able to use certain of the FileSpark Site Services you may be required to register a user account and to provide FileSpark with such information as required by the registration form. You are entirely responsible for maintaining the accuracy of the user account information and to ensure the confidentiality of your password. You may not provide any false personal information or create an account for anyone else than yourself and you acknowledge and agree that you are responsible for all activities that occur within your user account. Any unauthorized use of your user account shall be immediately reported to FileSpark at: dpo(at)file-spark(dot)com.
User Submissions
User Submissions. Users of the FileSpark Site and/or the FileSpark Site Services may post or upload or otherwise submit or make available information, content and opinions including but not limited to feedback, blog postings, descriptions, translations, links, texts, graphics, designs, software, code, data, video and audio (“User Submissions”).
License. FileSpark does not claim ownership of any User Submission that you post or upload on the FileSpark Site and/or through the FileSpark Site Services or otherwise submit or make available to FileSpark. However, by posting, uploading or otherwise submitting or making available any User Submission you grant FileSpark, its cooperation partners and any and all users of the FileSpark Sites a non–exclusive, worldwide, perpetual, irrevocable and royalty–free right to use, reproduce, modify, adapt, create derivative works of, transmit, display, perform, translate, distribute, resell, publish and integrate with other works such User Submission, or any part thereof, by any means, in any format or any current or future medium for any purposes whatsoever.
No Endorsement. FileSpark has no obligation whatsoever to post, upload or otherwise make available any User Submission and FileSpark does not endorse in any way any User Submissions. FileSpark does not permit any infringing or other unlawful activities on the FileSpark Site and reserves the right to remove, without prior notice, any User Submissions, or parts thereof, if FileSpark in its sole discretion deems that such User Submission may: (i) infringe any third party's copyright, patents, design rights, trademarks, trade secrets or any other intellectual property right or proprietary rights of any nature; and (ii) be considered as, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, hateful or racially or ethically objectionable, or otherwise not in accordance with FileSpark's business ethics. FileSpark expressly disclaims any liability in connection with User Submissions and any and all parts thereof and in no event will FileSpark be liable for loss or damage of any kind incurred by you due to your use of or reliance on any User Submission.
Warranties and Indemnity. By posting, uploading or submitting any User Submissions you warrant and represent that: (i) you have sufficient rights in any and all User Submissions posted, uploaded, submitted or otherwise made available by you to grant the rights contemplated by these Terms of Use; (ii) to the best of your knowledge, your User Submission(s) does not violate any laws or regulations; and (iii) to the best of your knowledge, your User Submission(s) does not infringe any third party's copyright, patent, trademark, design right or any other intellectual property rights or proprietary rights of any kind. You acknowledge and agree that you shall indemnify and hold FileSpark harmless from any liabilities, damages, cost and expenses suffered by FileSpark due to any and all third-party claims arising as a result of any breach by you of the above warranties.
Third Party Content, Promotions and Sites
Third Party Content and Services on the FileSpark Site. The FileSpark Site and/or the FileSpark Site Services may contain user or third-party content, information, opinions and services, including but not limited to User Submissions. Such third-party content, information and opinions and third party services are not endorsed in any way by FileSpark and are provided solely as a convenience to FileSpark's users. In no event will FileSpark be liable for loss or damage of any kind incurred by you due to your use of or reliance on any third party content, information and opinions that are posted, uploaded or otherwise made available on the FileSpark Site and/or through the FileSpark Site Services or for your use of any third party services made available through the FileSpark Site and /or the FileSpark Site Services.
Partner Promotions. FileSpark runs advertisements and promotions from third parties on the FileSpark Site. Your business dealings with any such third parties, including without limitation payment and delivery of products and services, are between you and such third party only. In no event will FileSpark be liable for loss or damage of any kind incurred by you due to your business dealings with any third parties.
Links to Third Party Sites.The FileSpark Site contains links to third party web sites. The third party web sites that the FileSpark Site links to are not under FileSpark's control and FileSpark has no responsibility for and does not endorse in any way any information, advertising, content, products or services of these third party web sites. In no event will FileSpark be liable for loss or damage of any kind incurred by you due to your use of or reliance on any information, advertisements, content, products or services available on or through any such third party web sites.
Disclaimers, Limitation of Liability and Notices
DISCLAIMER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE FILESPARK SITE, THE FILESPARK SITE SERVICES AND ANY AND ALL INFORMATION AND CONTENT ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FILESPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON–INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING FILESPARK DOES NOT REPRESENT OR WARRANT THAT: (I) THE FILESPARK SITE, THE FILESPARK SITE SERVICES, THE INFORMATION OR THE CONTENT WILL BE ERROR–FREE OR UNINTERRUPTED OR THAT DEFECTS WILL BE CORRECTED; (II) ANY INFORMATION AND/OR CONTENT THAT YOU DOWNLOAD FROM THE FILESPARK SITE OR RECEIVE THROUGH THE FILESPARK SITE SERVICES IS ACCURATE OR COMPLETE; OR (III) THE FILESPARK SITES, THE FILESPARK SITE SERVICES, THE CONTENT AND THE INFORMATION IS FREE FROM VIRUSES AND OTHER MALICIOUS CODE.
YOU ACKNOWLEDGE AND AGREE THAT THE FILESPARK SITE, THE FILESPARK SITE SERVICES AND ANY AND ALL INFORMATION AND/OR CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE FILESPARK SITE AND/OR THE FILESPARK SITE SERVICES ARE USED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE FILESPARK SITE, THE FILESPARK SITE SERVICES, THE INFORMATION AND THE CONTENT.
IF YOU ARE DISSATISSFIED WITH THE FILESPARK SITES, THE FILESPARK SITE SERVICES, THE INFORMATION AND/OR THE CONTENT YOUR SOLE REMEDY WILL BE TO STOP USING THE FILESPARK SITES, THE FILESPARK SITE SERVICES, THE INFORMATION AND/OR THE CONTENT.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, FILESPARK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, NOR FOR LOSS OF USE, LOSS OR CORRUPTION OF DATA, LOSS OF PRODUCTION, LOST PROFITS, SAVINGS OR REVENUES OF ANY KIND (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL) NOR FOR DAMAGE TO PROPERTY, NO MATTER WHAT THEORY OF LIABILITY EVEN IF FILESPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE SUBJECT TO A JURISDICTION IN WHICH THE ABOVE LIMITATION OF LIABILITY OR ANY PART THEREOF IS NOT VALID, YOU AGREE TO BE BOUND BY THE SAME TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW OR REGULATION.
Changes and Updates. FileSpark reserves the right to, at any time and in its sole discretion, modify these Terms of Use, discontinue any FileSpark Site Service and/or remove any Information or Content. It is your responsibility to check these Terms of Use periodically for modifications and your continued use of the FileSpark Site, the FileSpark Site Services, the Information and/or the Content following such modifications to the Terms of Use will mean that you have accepted the modifications to the Terms of Use.
Violation of the Terms of Use. You acknowledge and agree that FileSpark may, in its sole discretion and without prior notice to you, terminate your access to the FileSpark Site and/or your user account of a FileSpark Service if FileSpark determines in its reasonable opinion that you are in breach of these Terms of Use and/or any Specific Terms and Conditions.
Indemnity. You agree to indemnify and hold FileSpark and its subsidiaries, affiliates, shareholders, officers, directors, employees, agents, licensors, suppliers and co–operation partners harmless from any losses, liabilities, costs and expense (including reasonable attorney's fees and expenses) arising out of any claims by any third party due to or arising out of or in connection with your use of the FileSpark Site, the FileSpark Site Services, the Information and/or Content and/or any User Submissions made by you.
Ownership
Intellectual Property Rights. FileSpark, its licensors and cooperation partners own all rights, title and interest to the FileSpark Site, the FileSpark Site Services, the FileSpark Software Products, the Information and the Content including any and all copyrights, trademarks (including but not limited to word marks, figure marks, logos, domain names and other distinctive brand features), patents, design rights and any all other intellectual property rights and proprietary rights therein. Any and all intellectual property rights in relation to the FileSpark Site, the FileSpark Software Products, the FileSpark Site Services, the Information and the Content are protected by international intellectual property right laws and treaties. Your use of the FileSpark Site, the FileSpark Site Services, the Information and Content must be made in strict compliance with these Terms of Use and/or any Specific Terms of Use.
Miscellaneous
Severability, No Waiver and No Third-Party Beneficiaries. If any provision herein is held by a court or any other tribunal of competent jurisdiction to be void or unenforceable, the remaining provisions of these Terms of Use shall remain in full force and effect. FileSpark's failure to enforce these Terms of Use, or any provision herein, shall not be construed as a waiver by FileSpark. These terms of use shall not be construed to confer any rights or remedies on any third parties.
Governing Law and Dispute Resolution. To the extent permitted by applicable mandatory law, these Terms of Use shall be governed by the laws of Quebec, excluding its conflict of law principles and any and all disputes arising out of these Terms of Use shall be subject to the sole and exclusive jurisdiction of the courts of Quebec.
Last updated: July 11, 2019.