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Website Terms of Use

 

Last updated: 14 February 2017


Please read before using this website. If you have any questions in respect of these Terms of Use, please contact us here.

Key terms

  • By using the website, you are automatically agreeing to these Terms, our Privacy Statement and Cookie Policy
  • Everything on our site is just for you to look at, download and/or use. You can't sell it or pretend you made the site. 
  • Anything you tell us (for example, your name and email address) is subject to our Privacy Statement. Please make sure you have read this too before using our website.
  • This website uses cookies. Please make sure you have read our Cookie Policy before using our website.

About us

We are Sparkol Limited, a UK company (company number 06762963) and our registered office is at 1 Temple Way, Old Market, Bristol BS2 0BY, UK.

Acceptance of these terms

By using the site you are agreeing to these Terms of Use and any policies we have (including our Privacy Statement and Cookie Policy), all together called our 'Terms'. If you do not agree to these Terms, you must not access or otherwise use our website.

Changes to these terms 

We may modify, alter or update these Terms at any time so please check this page regularly. As above, if you continue to use the website you will be deemed to have accepted any changes to these Terms.

What you can do 

You can use our website to:

  • find out about our products, which may be available in the form of a desktop app for PC and Mac and/or a mobile / tablet app, and which can be used to create Projects; SVG Studio; Animole
  • find out about other we offer
  • sign up for an account with us
  • take a trial of our products (to do this you may need to sign up for an account with us)
  • subscribe to a monthly, annual or perpetual licence to use our software products
  • send us your Projects, which we may post on our website if we are particularly impressed!

If you have any problems using our site, please visit our Instant Answers page or contact us here.

Content standards

Any Project that you create (whether or not you upload it to our website), and any comments and/or other material (User Content) that you upload to our website must comply with our acceptable use content standards (Content Standards):

  • It must not infringe any copyright, database right, trade mark or other intellectual property rights of any other person.
  • It must not contain any material which is
  • defamatory of any person; and/or
  • obscene, offensive, hateful or inflammatory.
  • It must not promote:
  1. sexually explicit material;
  2. violence;
  3. discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; and/or
  4. any illegal activity.
  • It must not be likely to deceive any person.
  • It must not be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • It must not be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • It must not be likely to harass, upset, embarrass, alarm or annoy any other person.
  • It must not be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • It must not give the impression that it emanates from us, if this is not the case.
  • It must not advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such User Content complies with the Content Standards set out above, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content you post to our website or our blogs (except for support and/or maintenance purposes or where you save your Projects to Sparkol's cloud storage) will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such User Content for any purpose. 

We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of our website.

We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the Content Standards set out above or which we otherwise believe to be inappropriate (in our sole opinion).

The views expressed by other users on our site do not represent our views or values.

We are never responsible for the Projects you make using our software, or any liability you incur as a result of your Projects. This includes any action taken against you by third parties for infringing their copyright or other intellectual property rights.  You should therefore ensure that you have obtained all appropriate consents and licences to use other's materials or intellectual property rights and indemnify us for any losses, damages or claims arising from our storage/usage or display of the same.

Your account and password 

If you register for an account with us, you will need to provide a valid email address, which will be used as your user name, and a password for security purposes.

Alternatively, you may sign up (and log in) using Facebook or Google Plus or such other social networking or other similar site with which we provide interoperability to from time to time (Future Sites). Where you choose to do this, their terms and policies will apply and certain information on your Facebook or Google Plus or Future Sites' profiles will be shared with our website. Certain information about your use of our website may also be shared with Facebook or Google or Future Site operator (as applicable) where you select the relevant options. Please read the information carefully when signing up using your existing Facebook or Google Plus or Future Site account.

You must treat your password as confidential, and must not disclose it to any third party. We have the right to disable any password, whether chosen by you or allocated by us and disable any link to your social media account at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly change your password.

Information you submit on our website will be used in accordance with our Privacy Statement.

If you wish to close your account, please cancel your subscription and your payment instructions by contacting your payment provider.

Downloading our software

You may need to sign up for an account with us before you may use any of our software products. 

If you choose to download any of our software products (whether on a trial basis or otherwise), your use of the relevant software will be governed by additional licence terms. You will be asked to agree to these additional licence terms before you can download the software – please read these carefully.

You may be offered a 7 day free trial of our software.  If you wish to continue using our software after that, you may need to subscribe to a monthly, annual or perpetual licence, for which licence fees will be payable.  All the information about our subscription licences can be found on our websites. If you have any questions, please contact us.

It's our website 

This website and its contents and information (including without limitation, format, layouts, text, tools, photographs, images, videos, animations and any other content), the software products or other material (whether graphic, audio visual or otherwise) available from our website are owned by us or our licensors, as appropriate. All these materials are protected by copyright and other intellectual property laws. Except for private and non-commercial use (or as otherwise permitted under separate licence terms), you may not use anything of ours. We reserve all our rights in relation to the website and its contents, the software products or any other graphic or audio visual content available from our website. We may transfer our rights and obligations to anyone without your permission.

Unauthorised use, copying, publication, uploading, framing, posting, downloading, transmitting, distributing or other misuse of our website or its contents is or any on sale or licensing of materials developed using our software without an active fully paid up licence is strictly prohibited.

Sometimes things don't work

The website or any part of it or content/ functionality within it may be unavailable sometimes due to maintenance, malfunction or for various other reasons. We don't take any responsibility for this, nor any delays, errors, interruptions or defects you experience. We can't make any promises in relation to the performance of the website.

Viruses

We do not guarantee that our website will be secure or free from bugs or viruses but we use reasonable endeavours to use up to date virus checkers to minimise the risk of introducing bugs or viruses to your systems.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website and any materials or software available on it. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the servers on which our website is stored or any server, computer or database connected to our website. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Children and minors 

Children and any under-18s should only access the website with the permission of a parent or guardian. 

We urge parents or guardians who permit minors to use the website to inform them of safety online. You are solely responsible for deciding whether or not the website content is appropriate for the child you are allowing to access the website.

Our liability to you

The website is provided on an 'as is' basis and we have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to you in connection with your use of the website. We can’t accept any responsibility for any failures, loss or damage resulting from your use of the website except as set out below.

All promises, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from our agreement with you and these Terms.

Nothing in our Terms shall limit or exclude liability for death or personal injury resulting from our negligence, fraud or any other liability that cannot be excluded or limited by English Law or affect any rights that you may have as a consumer.

Under no circumstances will Sparkol Limited (or its employees, agents and sub-contractors, or member of its group and third parties connected to the group) be liable to you for any costs, damages, claims, actual or alleged indirect loss or consequential loss however arising suffered by you, including, but not limited to, loss of profits, loss or corruption of data, savings, business or opportunity, reputation or any other sort of economic loss.

Our maximum aggregate liability in contract, tort, or otherwise (including any liability for any negligent act or omission) arising out of or in connection with the performance of its obligations under these Terms in respect of any one or more incidents or occurrences shall be limited to £10. 

Privacy Statement

You can read our Privacy Statement at any time by clicking here.

Cookies 

This website uses Cookies, you can read our Cookie Policy at any time by clicking here.

Linking to our site

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link or do anything in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our site other than that set out above, please contact us

Other people's websites  

Sometimes the website will share links or redirect you to other people's websites. These sites aren't under our control and we aren't responsible for (and don't endorse) their content or policies. You are responsible for using these sites, including buying anything through them. 

Finally…

These Terms and any disputes about them will be governed by the laws of England and the courts of England shall have exclusive jurisdiction as regards any claim, dispute or matter related to these Terms or the website.

Contact us

To contact us, please email legal@sparkol.com.

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