Sparo Social is solely for Corporate use. Sparo Social shall use commercially reasonable endeavors to make the service available at all time except for scheduled and unscheduled maintenance. "User" refers to Sparo Social's authorized Customers, that has agreed to pay a fee for the use of Sparo Social. User is required to register with Sparo Social and set a password. User shall provide Sparo Social with accurate, complete, and updated information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User's account. Sparo Social reserves the right to refuse or cancel the registration of a Sparo Social User in its discretion. User shall be responsible for maintaining the confidentiality of User's Sparo Social password and other account information. In the event any specific terms or conditions conflict with any of the terms or conditions that apply to Users generally, the specific terms and conditions shall control. By using the Sparo Social platform, you grant Sparo Social an unlimited license to use your logo for internal and external marketing. Sparo Social may change, suspend or discontinue the Services at any time, including the availability of any feature or content. Sparo Social may also set limits on features or restrict User's access to parts or all of the Services without notice or liability. Any individual accessing Sparo Social must be at least 18 years old. User shall be responsible for obtaining and maintaining equipments or services needed to access the platform. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Sparo Social platform. If any provision of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the right to access the Sparo Social services shall be revoked in such jurisdictions.
Sparo Social is not responsible for any delays, loss of data, or any other loss caused by either parties inability to connect to Twitter including but not limited to the permanent or temporary suspension or closure of Twitter, either parties restricted or suspended use of Twitter, or a Twitter system or site failure. User shall not, nor permit anyone else to, directly or indirectly: reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Service; modify or create derivatives of any part of the Service; remove or obscure any proprietary notices on the Service. User shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Sparo Social server, or to any of the services offered on or through the Service, by any illegitimate means. User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or Sparo Social's systems or networks, or any systems or networks connected to the Service or to Sparo Social. User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person's use of the Service. User shall not use the Sparo Social platform for any purpose that is unlawful or prohibited by this agreement. User shall not, without the prior written consent of Sparo Social, assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under this agreement.
This agreement shall continue for so long as the Services are offered by Sparo Social. Sparo Social may terminate User's access to parts or all of the Sparo Social platform at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement, you must discontinue using the Website and delete your account, if any. Sparo Social can terminate the Services immediately as part of a general shutdown of the Sparo Social platform. All provisions shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. Sparo Social shall have no obligation to maintain User Data after termination, which may become permanently irretrievable.
Sparo Social, at its sole discretion, may vary the terms and conditions of this agreement. By continuing to use the Service after any such revision to the terms and conditions of this agreement, User shall be deemed to have accepted such revisions. It is a condition of this agreement that the User regularly visits the terms and conditions in order to review any revisions.
User shall pay fees to Sparo Social to use the Services. Fees will be charged monthly, annually, or on a one-time basis by Sparo Social in the currency agreed between the parties. User shall provide valid, up-to-date and complete credit card details or any other relevant valid, up-to-date and complete contact and billing details. Fees are non-cancellable and non-refundable. Failure to pay fees will lead to Sparo Social disabling access to the Services.
Users agrees that Sparo Social owns all intellectual property rights in the Service, and that all content and materials delivered via the Service or otherwise made available by Sparo Social are protected by copyrights, trademarks, service marks, patents, database rights, trade names, trade marks, trade secrets or other proprietary rights and laws. Except as expressly authorized by Sparo Social in writing, User agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content. Sparo Social does not support the distribution of pornographic content, sexually explicit images, or any content that is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive. All content included on Sparo Social, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sparo Social or its content suppliers and protected by French and international copyright laws. The compilation of all content on the Site is the exclusive property of Sparo Social and protected by French and international copyright laws. All software used on (or provided through) the Site is the property of Sparo Social or its software suppliers and protected by French and international copyright laws.
In no event will Sparo Social, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: any special, incidental or consequential damages; the cost of procurement or substitute products or services; for interruption of use or loss or corruption of data; or for any amounts that exceed 10% of the fees paid by the Customer to Sparo Social under this agreement during the twelve (12) month period prior to the cause of action. Sparo Social shall not be responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet. Sparo Social is not affiliated to Twitter. In no event will Twitter be liable for a misuse of User's access token. Access Tokens can be revoked at any time, unilaterally, in User's Twitter settings.
User represents and warrants to Sparo Social that it has full power and authority to enter into this agreement. Sparo Social shall use commercially reasonable efforts consistent with prevailing industry standards to provide the services free of defects. Customer's sole remedy, and Sparo Social's exclusive liability, for defects in the Service shall be for Sparo Social to use commercially reasonable efforts to promptly correct such defects. Customer assumes sole responsibility for results obtained from the use of the Services.
User shall defend, indemnify and hold harmless Sparo Social, its contractors, its licensors, and its officers, directors, owners, shareholders, representatives, officials, employees, agents, subsidiaries, affiliates, successors and assigns, from and against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with the use of the Services.
Sparo Social is provided "as is". Sparo Social and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied. Neither Sparo Social nor its suppliers and licensors, makes any warranty that Sparo Social will be error free or that access thereto will be continuous or uninterrupted. Sparo Social does not endorse or approve any third-party website nor the content of any of the third-party website made available via the Services.
This agreement and any disputes or claims arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) are governed by, and construed in accordance with, the law of France. The parties irrevocably agree that the courts of France have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).