Recently updated: January 2016
By using and/or downloading the App, you agree to be bound by these Terms as may be amended from time to time. Please read these Terms carefully and visit this page regularly for updates and changes. If you do not agree to be bound by these Terms, you should remove the App from your device and discontinue use of the Services. As long as you do not cease using any of the Services, you will be conclusively deemed to have accepted these Terms.
- Our Services
- sPARK's Services are intended to help you find parking spaces in crowded cities at the touch of a button, assisting you to plan your time ahead and finding cheaper and closer parking. The Services are intended for use by users who are of the legal age required to hold a driving license, and may be used solely for private and personal purposes.
- sPARK reserves the right at any time and from time to time, without being obligated to provide prior notice, to modify, suspend, or discontinue, temporarily or permanently, the Services or any part thereof, or User's access thereto, and to modify, suspend or terminate the App or any part thereof, at its sole discretion. You will have no claim, complaint or demand against sPARK for applying such changes or for failures incidental to such changes.
- Ownership of IP
- Certain content and information provided on and through the App and/or Services, including, without limitation, any of our logos, trademarks, graphics, designs, information, texts, images, data and other material displayed, available or present on the App and/or Services, that are not User Content (as defined below) (collectively, the "sPARK Content") are the copyrighted and/or trademarked work of sPARK and/or sPARK's affiliates and/or sPARK’s licensors.
- sPARK retains all rights, including any intellectual property rights in the sPARK Content such content and is protected by applicable intellectual property laws. Except as expressly permitted in these Terms, you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the sPARK Content in any manner.
- User's Content
- User is solely responsible to any and all materials communicated, submitted or transmitted by such User through the Services, including text, data, mapping information, road updates or parking availability, images, photographs or other materials uploaded by Users to the App ("User Content").
- By uploading, communicating or transmitting any User Content using the App or the Services, you hereby represent and warrant that your content contribution is your own original work, does not infringe any third party's rights (including copyrights and privacy rights), is not defamatory or unlawful, and that it complies with these Terms.
- You hereby grant sPARK an irrevocable, perpetual, non-exclusive, royalty-free and worldwide license to use any User Content uploaded by you to the App and/or Services, in any way we may reasonably choose, for the purposes of providing the Services, including without limitation, copy, transmit, excerpt, publish, distribute, publicly display, create derivative works of, host, index, cache, tag and modify, in any form or media now known or hereinafter developed, and you warrant to sPARK that you have the right to grant such license for such purposes.
- Restricted Uses
In connection with your use of the App and/or Services, and without limiting any other obligations under these Terms or applicable law, User shall not, and shall not permit others to:
- Modify the App and/or Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, disrupt the App and/or Services, servers or networks connected to the App or the Services, deny service to, hack, crack, reverse engineer, or otherwise interfere with the App and/or the Services in any manner, or disobey any requirements, procedures, policies, or regulations of networks connected to the App or the Services;
- Sell, distribute, copy, duplicate, or otherwise reproduce all or any part of the App and/or Services;
- Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the App, Services, technology or any software thereto;
- Upload, post, distribute, communicate, transmit or otherwise make available any User Content: (i) that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful or otherwise objectionable, (ii) that comprises or includes any "junk mail", "spam" or disrupt discussions with repetitive messages.
- Create a database by systematically downloading and storing all or any content from the App or the Services;
- Use the App and/or Services for any illegal, immoral or unauthorized purpose, encourages criminal behavior or conduct that would constitute a criminal offense under any law, or could give rise to civil liability or other lawsuit;
- Use the App and/or Services in a way that infringe or violate these Terms.
- Warranty Disclaimers
- Despite our efforts, the information contained in the App, which most often originates from other users of the Services, is not comprehensive, may not be accurate, complete, updated or applicable to a particular area or circumstances. sPARK shall not be liable for any inaccuracies or omissions in this App and any decisions you make based on information contained in this App are your sole responsibility. User acknowledges that the information provided by the Services is not intended to replace the information presented on any location's grounds or at the road.
- User acknowledges and understands that the App requires internet connection which may have different associated charges (such as mobile data expenses) and necessitate consumption of the mobile device battery. User shall have no claim or demand towards sPARK with regard to the aforesaid.
- USER ACKNOWLEDGES AND AGREES THAT THE APP AND THE SERVICES, ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," ARE USED ONLY AT USER’S SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
- sPARK disclaims all warranties, express or implied, of any kind, regarding the App or the Services (including any content, information, software, and links), including any implied warranties as to fitness for a particular purpose, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, suitability, reliability, availability, timeliness, quality, or lack of viruses. If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to user to the fullest extent permitted by applicable law.
- Limitations On Liability And Remedies
- User must always exercise his/her own judgment and drive vigilantly according to road conditions and in accordance with traffic laws. Use of the App is intended for planning your route and locating a parking space prior to and not while driving. A user undertakes not to use the App in any way that interfere with the due course of driving or distract the driver. If you reached a certain parking space but such space is not available for any reason, we urge you not to engage in any conflicts in connection to such parking space.
- User is solely responsible for his/her conduct and compliance with all applicable laws when driving, parking or searching for parking spaces, while using the App. A User further assume full, exclusive and sole responsibility for the use of and reliance on the Services, and acknowledge that any use of or reliance on the Services is made entirely at the User's own risk.
- SPARK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH SPARK IS TO DISCONTINUE YOUR USE OF THE SERVICES. SPARK AND ITS AFFILIATES, OR THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE (EVEN IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN) ARISING FROM YOUR USE OF THE APP AND/OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SPARK HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SPARK 'S LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, SPARK WOULD NOT BE ABLE TO OFFER THE APP OR THE SERVICES.
- Beta. You understand and acknowledge that the App and Services are currently in their testing stage, and are made available as a “Public Beta” version. This means that we have not yet completed development of Services and that not all features are completely functional or available.
- Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
- Assignment. sPARK may assign these Terms at any time