SparkReel.com ("SparkReel" or "we") allows individuals ("Contributors") to upload videos ("Content") in response to a marketing or engagement campaign ("Campaign") sponsored by a client ("Client"). The services offered by SparkReel (collectively, the “SparkReel Services”) are hosted within SparkReel’s servers in the United States and Europe. When you upload Content, you agree to this Terms and Conditions Agreement (“Agreement”). SparkReel collects Content and transmits Content to the Client. The Client has the exclusive and final say on which Content they use in their respective Campaigns.
By accessing and/or using the SparkReel Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you browse the SparkReel Services or contributed content without being registered) or you are a “Contributor” (which means that you have registered with SparkReel) and/or have uploaded Content. The term “User” refers to a Visitor or a Contributor.
SparkReel reserves the right to modify this Agreement from time to time, and each such modification shall be effective upon posting on the SparkReel Services. All material modifications will apply prospectively only. Your continued use of the SparkReel Services following any such modification constitutes your acceptance of the Agreement as modified.
Use of the SparkReel Services and registration to be a Contributor for the SparkReel Services ("Membership") is void where prohibited. By registering, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information on file with SparkReel; (c) you are 18 years of age or older; and (d) your use of the SparkReel Services does not violate any applicable law. Your profile and user account may be deleted and your Membership may be terminated without warning, if we learn or reasonably believe that any of the above conditions are not being met.
This Agreement shall remain in full force and effect while you use the SparkReel Services or are a Contributor. You may terminate your Membership at any time, for any reason, by following the instructions on the Contributor’s Account Information page. SparkReel reserves the right to (i) reject, refuse to transmit to Client, or remove, any Content, and (ii) restrict, suspend, or terminate your access to the SparkReel Services, without liability. SparkReel reserves the right to reassign or rename your profile URL. SparkReel may terminate your Membership at any time without liability. Even after Membership is terminated, this Agreement will remain in effect as necessary by its provisions.
Currently, use of the SparkReel Services for Contributors and Members is free. SparkReel may charge for access to and use of the SparkReel Website at some undetermined date in the future. In such case, all Contributors will be notified in advance of such change.
4. Contributor Account Information.
When you register, we collect the following minimum information: username, email address and an encrypted password for your account. Some Clients may request additional information. It is Your choice to provide the requested information. You are entirely responsible for maintaining the confidentiality of Your account credentials. You are solely responsible for any and all use of your account. You agree to notify SparkReel immediately if you suspect any unauthorized use of your account. You agree not to use the account, username, email address or password of another Contributor.
5. Guidelines for Use by Contributors.
6. Proprietary Rights in Content on SparkReel.
6.1 You represent and warrant that you own the Content when uploaded by You, or otherwise have exclusive right to assign full ownership rights in the Content to SparkReel. In addition, You warrant that the Content does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity, and that You have an unrestricted, transferable license to include any audio, objects, places, people or entities depicted in the Content, and You hereby assign such license to SparkReel.
6.2 By uploading Content, (i) You relinquish any and all ownership rights and licensed rights in the Content that You upload (or "post"), and (ii) You hereby transfer and assign to SparkReel and Client full and complete ownership rights to the Content. SparkReel and Client Have full rights to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content in any media formats and through any media channels, including, without limitation, Client Services and SparkReel Services linked to applications, widgets, websites or mobile, desktop or other services (collectively, "Linked Services").
7. Content Posted.
7.1 You are solely responsible for the Content that You upload. SparkReel or Client may reject, refuse to post or delete any Content for any or no reason, including, non-compliance with the Guidelines. SparkReel assumes no responsibility for monitoring the SparkReel Services for inappropriate Content or conduct, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
7.2 You represent and warrant that for all Content uploaded or submitted by You: (i) You use the product or service described in the Content; (ii) the Content reflects Your and any other person appearing in the Content honest opinions, findings, beliefs and experience about or with the product or service described in the Content; (iii) You did not create the Content on behalf of your employer, any organization, or anyone other than Yourself; (iv) You are not an Expert in regard to the product or service described in the Content (an "Expert" is "an individual, group, or institution possessing, as a result of experience, study, or training, knowledge of a particular subject, which knowledge is superior to what ordinary individuals generally acquire"); (v) if you have a material connection to the Client (such as being an employee of the Client or receiving any payment or benefit from the Client in connection with creating the Content), You have disclosed such material connection in the Content.
8. Digital Millennium Copyright Act (DMCA) Agent; Digital Millenium Copyright Act.
It is the policy of SparkReel (SparkReel, L.P., SparkReel, LLC, and all of its affiliates) to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This Exhibit A describes how to serve a Notice of Infringing Material and what to do if any materials you have placed on any SparkReel sites, including sparkreel.com, becomes the subject of such a notice.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with SparkReel’s rights and obligations under the DMCA and do not constitute legal advice.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of such content, or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
By using some of our services, you permit users to make uploads or posts of content into specific services or sites. Please examine the posted agreements and terms of service in any situations where you and the alleged infringer are each a customer or subscriber to the same service, since you may have granted a license for some or all uses of your works at that SparkReel site.
If you are a copyright owner or an agent thereof and you believe that any content or link on one of SparkReel’s sites infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent the following information in writing: (1) Your physical or electronic signature; (2) Identification of the copyrighted work or works claimed to have been infringed; (3) Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites and services; (4) Information to permit SparkReel’s agent to contact you: your address, telephone number and email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Designated DMCA Agent
SparkReel’s designated DMCA Copyright Agent to receive Notices of Infringing Material is:
222 W Merchandise Mart Plaza, #1212
Chicago, IL 60654
support [at] sparkreel.com
Phone: (847) 920 8398
Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
Some SparkReel services do not have account holders or subscribers. For services that do, SparkReel will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact SparkReel’s agent and provide information sufficient for us to verify that the account holder or subscriber has been determined to be in violation of the DMCA repeatedly.
In some instances a user of one of SparkReel’s services who has uploaded or posted materials identified as described above may supply a counter-notification. The owner of an affected page or site on one of SparkReel’s services, or the provider of affected content on one of our services may make a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.
To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney.
9. Client Linked Services.
Linked Services created by Clients may be available in connection with the SparkReel Services. Linked Services include apps, websites, desktop, wireless, mobile and other services from Clients installed onto your SparkReel profile or shared with other Users or which link to your SparkReel account from outside of the SparkReel Services. Linked Services may use your SparkReel profile information, friends and/or other profile content on the Linked Service and share activity events between SparkReel and the Linked Service (depending on the features the Linked Service chooses to make available).
10. Third Party Disputes.
You are solely responsible for any material or information that you transmit to, and for your interactions with, other SparkReel Users, Clients, third party developers or any other parties with whom you interact through the SparkReel Services and/or Linked Services. SparkReel reserves the right, but has no obligation, to become involved in any way with these disputes.
SPARKREEL IS NOT RESPONSIBLE FOR AND MAKES NO WARRANTIES, EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE AS TO THE CONTENT OR THE ACCURACY AND RELIABILITY OF THE CONTENT POSTED THROUGH OR IN CONNECTION WITH THE SPARKREEL SERVICES OR LINKED SERVICES, BY USERS OF THE SPARKREEL SERVICES OR LINKED SERVICES, AND SUCH CONTENT DOES NOT NECESSARILY REFLECT THE OPINIONS OR POLICIES OF SPARKREEL. IN ADDITION, SPARKREEL IS NOT RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS CAUSED BY USERS OF THE SPARKREEL SERVICES OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SPARKREEL SERVICES OR LINKED SERVICES. SPARKREEL ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR CONTRIBUTOR COMMUNICATION. SPARKREEL IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY COMPUTER SYSTEMS, SERVERS OR PROVIDERS, EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SPARKREEL SERVICES OR LINKED SERVICES OR COMBINATION THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SPARKREEL SERVICES OR LINKED SERVICES. UNDER NO CIRCUMSTANCES SHALL SPARKREEL BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SPARKREEL SERVICES OR LINKED SERVICES. THE SPARKREEL SERVICES AND LINKED SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPARKREEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SPARKREEL DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SPARKREEL SERVICES IS ACCURATE, COMPLETE, OR CURRENT OR THAT THE SPARKREEL SERVICES WILL OPERATE WITHOUT INTERRUPTION OR ERROR. SPARKREEL MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SITE, OR ANY PRODUCTS OR SERVICES OFFERED OR REFERRED TO, ON THIS SITE FOR ANY PURPOSE. SPARKREEL CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SparkReel SERVICES OR LINKED SERVICES.
13. Limitation on Liability.
IN NO EVENT SHALL SPARKREEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SPARKREEL SERVICES OR LINKED SERVICES, EVEN IF SPARKREEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPARKREEL’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SPARKREEL FOR THE SparkReel SERVICES DURING THE TERM OF MEMBERSHIP.
14. U.S. Export Controls.
Any software available in connection with the SparkReel Services (the “Software”) is further subject to United States export controls. No software may be downloaded from the SparkReel Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the software is at your sole risk.
The Agreement shall be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflict of law provisions. You and SparkReel agree to submit to the exclusive jurisdiction of the courts located within the State of Illinois to resolve any dispute arising out of the Agreement or the SparkReel Services. EACH OF THE PARTIES HEREBY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold SparkReel, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SparkReel Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the SparkReel Services.
This Agreement is accepted upon your use of the SparkReel Website or any of the SparkReel Services and is further affirmed by you becoming a Contributor. Your agreement with SparkReel will always include this Agreement at a minimum. Your access and use of certain SparkReel Services may require you to accept additional terms and conditions applicable to such certain SparkReel Services, in addition to this Agreement, and may require you to download software or other content. The failure of SparkReel to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. SparkReel is a trademark of SparkReel, LLC. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
To contact us regarding any questions about this Agreement, please e-mail any question you may have to support@SparkReel.com.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.