All content published through the Software, Platform and may be subject to copyright and other intellectual property rights. You represent and warrant that
you will abide by any applicable law and all copyright notices, restrictions and signs indicating proprietary rights, such as a copyright mark [©] or
trademark [® or ™] contained in, applied to, or accompanying the accessible content through the Software.
We do not claim ownership over the content that you display when using the Platform and Software. However, when you do so, you represent and warrant that
you are the rightful owner of all rights in that content or that you are licensed or permitted by all of the right owners to use and display the content.
By uploading content to the Platform, you grant us a royalty free, worldwide, none-exclusive, irrevocable, assignable and sub-licensable license, for an
unlimited period of time to use any rights that you have in the content, or in any communications that we may conduct with respect to used of the Platform
and Software, retain back up, cached and archived copies and use the content in any other reasonable manner in connection with using the Software.
All rights, title and interest, including patents, copyrights, trademarks, trade names, service marks, trade secrets and other intellectual property
rights, and any goodwill associated therewith, in and to the Software itself, in to and to the Platform and the technology therein, including computer
code, graphic design, lay-out and the user interfaces of the Software and Platform are owned by, or licensed to the Company.
Other than expressly permitted in the Terms, you may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human
readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer,
combine with other software, modify or create derivative works of any material that is subject to Our proprietary rights in the Software or the Platform,
either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to by electronic, mechanical or optical
We retain all trademark or service mark rights in the Software and the Platform respectively, and all applicable marks and logos, whether registered or
not. You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to any of these marks and logos.
You must avoid any action or omission which may dilute, or tarnish the goodwill of the Company.
You grant the Company a royalty free, worldwide non-exclusive license to use your name, trademarks, service marks and logos in presentations, customer
lists, financial reports, web site listings of customers, and in any marketing materials, and advertisements of any kind and in any medium, including web
pages, banners, layer ads and interstitials.
THE SOFTWARE AND THE PLATFORM ARE PROVIDED FOR USE AS IS. THE COMPANY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT
TO THE SOFTWARE OR THE PLATFORM, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE,
COMPATIBILITY, PERFORMANCE, SECURITY OR ACCURACY.
THE COMPANY DOES NOT WARRANT THE OUTCOME OF ANY USE OF THE SOFTWARE OR THE PLATFORM INCLUDING, WITHOUT LIMITATION, THE IMPACT OF USING THE SOFTWARE ON YOUR
LIMITATION OF LIABILITY
THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS WILL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY
THE APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF
DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, EXCEPT FOR GROSS NEGLIGENCE AND INTENTIONAL TORTS,
ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM OR THE SOFTWARE, ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF
THE PLATFORM OR THE SOFTWARE, ANY FAULT, OR ERROR MADE BY THE PLATFORM STAFF OR ANYONE ACTING ON THEIR BEHALF, ANY COMMUNICATION WITH US, ANY DENIAL,
CANCELATION OR REVOCATION OF YOUR USER ACCOUNT, ANY CONSEQUENCES RELATING TO THE USE OF ANY COMPUTER CODE PROVIDED BY THE SOFTWARE FOR THE PROPER FUNCTION
OF THE SOFTWARE, ANY RETENTION, DELETION, DISCLOSURE AND ANY OTHER USE OR LOSS OF YOUR PERSONAL DETAILS.
IN ANY EVENT, THE SOLE REMEDY WILL BE LIMITED TO A SUM EQUAL TO THE FEES PAID IN CONSIDERATION FOR THE USE OF THE SOFTWARE THROUGHOUT THE FIRST 6 MONTHS
You agree to indemnify, defend and hold harmless, the Company and their managers, directors, shareholders, employees, sub-contractors, agents and anyone
acting on their behalf, at your own expense and immediately after receiving a written notice from the Company, from and against any damages, loss, costs,
expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, arising from, or in
connection with your use of the Software or the Platform, or your breach of the Terms, or any of the documents, forms and policies that are incorporated to
Changes in the Platform or of the Software
From time to time, we may change the Platform or the Software layout, design or display, as well as the scope and availability of the content accessible
therein, without giving prior notice. Changes of this type by their very nature may cause inconvenience or even malfunctions at first. The Company does not
assume any responsibility with respect to, or in connection with the introduction of such changes or from any malfunctions or failures that may result
Changes to the Terms
We may change the Terms, including any and all documents, forms and policies incorporated thereto, from time to time. Substantial changes will take effect
30 days after we have posted an initial notification on the Platform or by other ways such as E-mail messages. Other changes will take effect 7 days after
being made. However, any amendment made to comply with any legal requirements will take effect immediately or as legally required.
You agree to be bound by any of the changes made in the Terms, including changes to any and all documents, forms and policies incorporated thereto.
Continuing to use the Software or the Platform indicates your acceptance of the amended terms. If you do not agree with any of the amended terms, then you
must cease any further use of the Platform or the Software.
The availability and functionality of the Platform and the Software depend on various factors and elements, including software, hardware and communication
networks, partially provided by third parties. These factors are not fault free. The Company does not warrant or guarantee that the Platform or the
Software will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized
access or error free.
Governing Law, Jurisdiction and dispute resolution
The Terms and all documents, forms and policies incorporated thereto, as well as your use of the Platform or the Software will be governed by and construed
in accordance with the laws of the State of New York, U.S.A. Without giving effect to any choice of law or conflict of law rules or provisions, whether
Federal, or of the State of New York or of any other jurisdiction, which would result in the application of the laws of a jurisdiction other than the State
of New York.
You agree to resolve any dispute or claim that you may have against the Company and to submit to personal jurisdiction in the state and federal courts in
the city of New York, New York.
Notwithstanding the aforementioned, if the total amount of a pecuniary relief that you seek in a claim against the Company is less than $10,000, then you
may opt to resolve the dispute by using a provider of an established alternative dispute resolution (“ADR“). The dispute resolution before
an ADR provider is subject to a mutual agreement on the identity of the provider, and provided that the dispute will be conducted only by written
submissions through e-mail correspondence or other electronic communications, or through telephone conversations, and without the need for personal
appearance. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction
We may contact you and send you notices and messages via e-mail, regular mail, Fax messages and through other means, as may be available from time to time.
You may contact us by sending an email to firstname.lastname@example.org and your message will be deemed as received only if actually received by us.
The Terms constitute the entire agreement between you and the Company with respect to the use of the Platform and the Software and supersedes any and all
other agreements. No waiver, concession, extension, representation, alteration, addition or derogation from the Terms, or pursuant to the Terms, will be
effective unless consented to explicitly and executed in writing by an authorized representative of the Company.
The Terms do not create in any way a partnership, joint venture, employment relationship, franchise, agency or any other similar relationship between the
Company and you, and nothing in the Terms will be interpreted or construed as creating or establishing any such relationship.
The Terms will take precedence over all documents, forms and policies incorporated thereto, unless specifically indicated in such documents that a certain
provision is determined notwithstanding any of the provisions of the Terms.
Failure on the part of the Company to demand performance of any provision of the Terms will not constitute a waiver of any right under the Terms.
At any time, the Company may transfer ownership, rights and title in to the Platform and/or the Software, or a part of it, as the case may be, to any third
You may not assign, transfer, delegate, sublicense, or otherwise deal with or dispose of any of your rights or obligations under the Terms, without the
prior explicit and written consent of us. Any attempt contrary to the above is void.
The section headings in the Terms are included for convenience only and will take no part in the interpretation, or construing of the Terms.
These Terms are void where prohibited by law, and the right to access the Platform and the Software is revoked in such jurisdictions.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision will be performed and enforced to
the maximum extent permitted by law, and the remaining provisions of the Terms will continue to remain in full force and effect.
Spark Ads Network Ltd. (The “Company“, or “we“, “our” or “us“) respect your privacy. This policy
explains the accepted privacy practices for the activities available at www.sparkadsmedia.com (the “ Platform“) and the use of our related products and services (collectively the “Product“).
Personal Information that we collect
When you register with Spark Ads Network, you will be asked to provide personal details such as your full name, e-mail address, the name of your employer, your
title, phone number, country of residence, your website’s URL and payment method details such as your credit card number. The fields for compulsory
completion will be specifically designated.
The Product is not intended for use by persons under the age of 18. If you are not 18 years old or older, then you may not register with Spark Ads Network and
must not provide Spark Ads Network with any of your personal details.
When you use the Product, we may collect further information, such as session durations, page impressions, advertisements viewed or clicked on, the
Internet protocol (IP) address, the domain name that served you to access the Product, and the geographic location of the computer system that you are
using to log-in to, or you use when using the Product. We may also track further information pertaining to you, when you activate and access the Product,
such as the frequency and the extent of your use of the Product.
We may automatically collect information through the use of log files and other means. If you register with Spark Ads Network, then the information gathered will be
partially personally identifiable. If you are not a registered user, than we will not knowingly make use of any information which personally identifies
you, except as specifically indicated in this policy, or on the Platform.
Further information may be collected when we exchange communications with you, for example, when you submit an inquiry, or if our designated copyright
agent contacts you.
What do we do with your personally identifiable information?
We may use personally identifiable information for the following purposes:
to provide the Product and operate the Platform;
to improve and customize your experience with the Product and the Platform;
to provide you with support and handle inquires;
to send you updates and notices, to provide you with information pertaining to the Product or the Platform, and to provide you with further marketing
and advertising material. At any time you may opt out of the mailing lists, by changing your preferences in your personal account. In any case, we will
not share your personal identifiable details with any advertisers, without your explicit consent;
to facilitate communications with you, and between you and others;
to enforce our Terms;
to contact you as and when we believe it to be necessary;
to conduct surveys and questionnaires;
to comply with any applicable law and assist law enforcement agencies as required;
to collect fees and debts, and to prevent fraud, misappropriation, infringements, identity thefts and any other misuse of the Platform or the Product;
to take any action in any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with
respect to, or in relation with the Product or with the use of the Platform;
How do we use aggregated information?
We may use anonymous, statistical or aggregated information about the Product and the Platform’s use, including any aggregated information related to your
personal account, and share, publish, post, disseminate, transmit or otherwise communicate or make available such information, to suppliers, business
partners, sponsors, affiliates and any other third party, at our sole discretion, provided however, that such information will not identify you personally
and that we will not knowingly, or intentionally use such information to reveal your identity without your consent, under the terms of this policy.
We may also use anonymous, statistical or aggregated information to properly operate the Product and the Platform, to improve the quality and functionality
of the Product and the Platform, to enhance your experience, to create new tools and products, including customized tools, to change or cancel existing
products, content or services and for other internal and statistical purposes.
How do we share information with others?
We do not sell, rent or lease your personally identifiable information to third parties for any of their marketing purposes. We may share personally
identifiable information with others in any of the following instances, or subject to your explicit consent:
When you use the Product. In this case, we will share your information only to the extent required to facilitate your use of the Product.
If we believe that you have breached the Terms, or abused your rights to use the Product or the Platform, or performed any act or omission that we
believe to be violating any applicable law, rules, or regulations. We may share your information in these cases, with law enforcement and other
competent authorities as well as other third parties, as may be required to handle any result of your wrongdoing;
If we are required, or believe that it is required by law to share or disclose your information;
In any case of dispute, or legal proceeding of any kind between you and us, or between you and other users or third parties with respect to, or in
relation with the Product or the Platform;
In any case where we believe that sharing information is necessary to prevent imminent physical harm or damage to property;
If we organize the operation of the Platform or the Platform within a different framework, or through another legal structure or entity, or if we are
acquired by, or merged with another entity, provided however, that those entities agree to be bound by the provisions of this policy, with respective
changes taken into consideration;
We may also share personally identifiable information with companies or organizations connected, or affiliated with us, such as subsidiaries,
sister-companies and parent companies.
How can you access your personal information?
If you are a registered user, then you may access your personal account and edit, or amend your personal information at any time. If you find that the
information on your personal account is not accurate, complete or updated, than you must make all necessary changes to correct it. Please keep in mind that
false, incorrect, or out dated information may prevent you from registering with Spark Ads Network, impair our ability to provide you with the Product and the
ability to contact you.
We reserve the right at all times to review, retain and disclose any information as it deems necessary to satisfy any applicable law, regulation, legal
process or governmental request, as well as our internal needs. However, by doing so we do not either expressly or impliedly endorse, affirm or in any
manner assume any responsibility for such information.
We implement information security systems and procedures to secure the information stored on our servers. Such systems and procedures reduce the risk of
security breaches, but they do not provide absolute security. Therefore, we cannot guarantee that the Product or the Platform will be immune to
unauthorized access to the information stored therein and to other information security risks.
to facilitate the use of the Product and the Platform, to collect information for statistical and analytical purposes, to verify information, to customize
the Product and the Platform to your personal preferences and for information security purposes.
Some of the cookies may expire when the session ends and you exit your browser. Other cookies may be stored on your computer’s hard drive. If you wish to
block the cookies, then please use the help button in your browser and follow the necessary instructions. However, bear in mind that disabling cookies may
complicate or even prevent your use of the Product and the Platform, or certain features thereof.
Advertisements usage monitoring
As part of the operation of the Product, we will monitor and collect data about the access and use of advertisements that publishers embed on their
websites through the use of the Product, and will further monitor the redirection of users from such advertisements to the advertisers’ websites and web
pages (collectively: “Advertisements monitoring“). You, the publisher, hereby grant your explicit, irrevocable and unconditional consent
to the Advertisements monitoring.
You warrant and represent that you will apply on your website all privacy practices with respect to the Advertisements monitoring, as required under the
applicable law, including by providing a proper notification to the users of your website, and if necessary under the applicable law – receive their
You will indemnify, defend and hold harmless, the Company and their managers, directors, shareholders, its employees, sub-contractors, agents and anyone
acting on their behalf, at your own expense and immediately after receiving a written notice from the Company from and against any damages, loss, costs,
expenses and payments, including reasonable attorney’s fees and legal expenses, resulting from any complaint, claim, or demand, made by a user of your
website, or by anyone on his/her behalf, arising from, or in connection with your failure perform your duties under this section.
We may change this policy from time to time. Substantial changes will take effect 30 days after we have posted an initial notification on the Platform or
by other ways such as E-mail messages. Other changes will take effect 7 days after being made. However, any amendment made to comply with any legal
requirements will take effect immediately or as legally required.
You agree to be bound by any of the changes made in this policy. Continuing to use the Product or the Platform indicates your acceptance of the amended
policy. If you do not agree with any of the amended terms of the policy, then you must cease any further use of the Product or the Platform.
You may send requests, responses, questions and complaints, by sending an e-mail message to: email@example.com
Spark Ads Network – Copyright Policy
Spark Ads Network Ltd. (the “Company“, “We“, “Us” or “Our“) respects the intellectual property
rights of others and requests its users to do the same. If you believe that certain content, which appears on www.sparkadsmedia.com or on any of its pages (the “Platform“), or through the use of any of the products
or services available therein (the “Products“) infringes upon copyrights that you own or represent, you may send Our designated copyright
agent (“Copyright Agent“) a written notification, stating the location of the copyrighted work claimed to be infringed, in accordance with
the provisions of the Digital Millennium Copyright Act (“DMCA“).
Upon your notification and subject to the provisions of the DMCA, We may remove or disable access to any such content.
To be effective, your notification of claimed infringement must be a written communication provided to the Copyright Agent that includes substantially the
(1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to be infringed via using the Platform or any of the Products therein, or if multiple copyrighted works
are covered by a single notification, a representative list of such works;
(3) Identification of the material that is claimed to infringe or to be the subject of infringing activity and that access to which is to be disabled, and
information reasonably sufficient to permit Us to locate the material, including the exact URL (Internet address) of the web page in which you discovered
the copyrighted work claimed to be infringed;
(4) Information reasonably sufficient to permit Us to contact you, such as an address, telephone number, and, if available, an electronic mail address at
which you may be contacted;
(5) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its
agent, or the law;
(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed.
After receiving your communication, We may ask you to provide further or supplemental information, prior to removing any content which was displayed on the
Platform or through the Products, as We deem necessary to comply with the provisions of the DMCA. We may also provide our registered user who uploaded the
allegedly infringing content with your contact details, in order for that person to be able to contact you and challenge your claim.
You may submit a counter notification to our Copyright Agent. To be effective, your counter notification must be a written communication provided to our
Copyright Agent that includes substantially the following:
(1) Your physical or electronic signature;
(2) Identification of the material to which access has been disabled and the location at which the material appeared before access to it was disabled;
(3) A statement under penalty of perjury that you have a good faith belief that the material was disabled as a result of mistake or misidentification of
the material to be disabled;
(4) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district
in which your address is located, or if your address is outside of the United States, for any judicial district in which you may be found, and that you
will accept service of process from the person who provided notification or an agent of such person.
After receipt of a counter notification, We will promptly provide the person who submitted the claimed copyright infringement notification, with a copy of
the counter notification, and We will inform that person that We will replace the removed material, or cease disabling access to that material in 10
We will then replace the removed material and cease disabling access to it between 10 to 14 business days following receipt of the counter notice, unless
Our Copyright Agent first receives notice from the person who notified Us of the claimed copyright infringement that such person has filed an action
seeking a court order to restrain the registered user from engaging in infringing activity relating to the material on Our system or network.
We may deny or cancel any individual use of the Platform and Products, or terminate your user account, if We determine in Our sole discretion that you are
a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than once or a user that his uploaded material was
removed from the Platform and Products more than once. We may decide, at Our sole discretion that a sufficient reason exists for the immediate termination
of your account for any reason, at any time. In these cases We may terminate your account immediately. We may notify you that We canceled your account by
sending a message to the e-mail address that you provided during the registration process. Such notification will come into effect immediately.
Copyright Agent Details
Contact the Copyright Agent via e-mail address: firstname.lastname@example.org
Please note that the Copyright Agent receives DMCA notifications only. Any other matters, such as comments, requests and other messages should be referred
to us by using the ‘Contact us’ form on the Website.
Under the provisions of the DMCA, any person who knowingly materially misrepresents: (1) that material is infringing, or (2) that material was removed or
disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, that We may incur, if We are injured by such
misrepresentation, as the result of Our reliance upon such misrepresentation in removing or disabling access to the material claimed to be infringing.