Term

The Terms of Service (hereinafter referred to as the "Terms and Conditions") stipulates everything about the use of the Sparky.tv website ("Sparky.tv" or "Service"). Please read these terms and conditions carefully and contact us here (info@devunlimit.com) if you have any questions. Access to Sparky.tv or use Sparky.tv is considered to have agreed to be regulated by terms of service, privacy policies, cookie policies, and community guidelines.

Final Update Date: 07/03/2022

Effective date: 09/23/2020

General Regulations - All Users

1. Purpose

Welcome to sparky. These terms and conditions stipulate our relationship with Sparky users (hereinafter referred to as 'users') for the use of our related websites, services, and contents. It stipulates various rights, obligations, responsibilities, service usage conditions, and other necessary matters in using the Sparky website (hereinafter referred to as 'Service') operated by DevUnLimit Co., Ltd. (hereinafter referred to as 'Company').

2. Terms and Conditions Agree

These terms and conditions take effect when the user agrees to these terms and conditions and sends a request for the use of the relevant service and accepts the request. In addition, if you access and use our services, you must comply with our “Community Guidelines”, which can be found on this platform if necessary.

If you do not agree to these terms and conditions, you should not access or use our services. When using this service, the user is considered to agree to the provisions of “Personal Information Processing Policy”.

3. Change the terms and conditions

When updating the functions of this service, we frequently change various services operated by the company into one comprehensive service or app, or when regulations change. If these terms and conditions change significantly, we notify all users of these changes through service notices, e-mails, etc. However, the user must periodically check these terms and conditions to check for changes. We update the "latest update" date at the top of these terms and conditions to indicate the effective date of these terms and conditions. If the user continues to access or use this service after the change in the terms and conditions, it is considered to agree to the changed terms and conditions. Users can request membership withdrawal if they do not agree to the revised terms and conditions.

4. Type and provision of services

The services provided by the company are as follows.

  • Online content provision service.
  • Create and participate in various events.
  • Guidance on new features and emailing news.
  • Services deemed essential for the use of other sparky.

If the company deems it necessary for management, operation, or technology, the contents of the service can be changed.

The company provides 24-hour services every day unless there are business or technical problems. The company may temporarily suspend the provision of services in the event of force majeure reasons such as repair inspection or replacement and failure of information and communication facilities such as computers, loss of communication, or natural disasters.

If the service is force majeure, the company compensates members or third parties for damages caused by temporary suspension, except in the case of repair, replacement, regular inspection, construction, etc. of service facilities. However, this is not the case if the company proves that there is no intention or negligence.

5. Establishment of a contract for use

After agreeing to these terms and conditions, the user applies for membership by filling out the membership information according to the form set by the company. The company may refuse or restrict the provision of services to any of the following users who have applied for membership.

  • In the case where the contents of the application for membership registration are falsely written or omitted,
  • In the case of joining as a member by stealing another person's personal information,
  • In the case of an application for the purpose of harming public order and social customs according to social norms,
  • In the case of re-registration within one year after being disqualified for violating the terms and conditions of use,
  • Where it interferes with the legitimate performance of the company's duties.
  • In the case of minors under the age of 14,
  • In a case where it is deemed inappropriate to sign up according to the judgment of the company,

6. Use of services

1) Service Content

Content in the service includes videos, audio (e.g., music and other sounds), graphics, photos, text (comments and scripts), branding (trademark name, trademark, service indication, logo, etc.), interactive features, software, measurement items, and other materials (hereinafter collectively referred to as 'Content').

Except when the company is responsible under the law, the responsibility for the content rests with the user or organization that provides the content to the service. The company is not obligated to host or provide content.

  • The company recognizes the user's exercise behavior using cameras connected to digital terminals such as internal or external cameras and mobile devices.
  • The accuracy of motion recognition may vary depending on the physical or physical environment, and in some cases, motion recognition may not be possible.
  • The company does not store user information through the user's camera screen under any circumstances.
  • The contents in the sparky provided by the company are not for medical use. Users must use the service under their own responsibility and care, and the company is not responsible for accidents, damages, etc.

2) Sparky channel

If you create a Sparky channel, you can use additional functions such as uploading videos, writing comments, and creating a playlist.

Except for audio or audio-visual content uploaded during personal use or family activities, audio or audio-visual content uploaded by users to the service is processed according to information processing regulations.

3) Permissions and Restrictions

Users may access and use the services provided to them as long as they comply with this Agreement and relevant statutes. Users can view and listen to content for personal and non-profit purposes.

The following restrictions apply when using the service.

  1. Access, reproduction, download, distribution, transmission, broadcast, display, sales, licensing, alteration, modification, or other use of any part of the service or content is prohibited, except with explicit approval of the service or its owner of each right.

  2. Prohibits bypass, neutralization, deceptive involvement, or other acts of obstruction (or attempts to engage in these acts) to prevent or restrict the copying or use of content, or to restrict the use of the service.

  3. Personal identification information (e.g., username or face appearance) should not be collected without the permission of the parties.

  4. Use the service to prohibit the distribution of unwanted promotional/commercial content or other unwanted large amounts of purchase recommendation materials.

  5. Measurements should not be manipulated in any other way, such as causing or encouraging inaccurate measurements of actual user participation in services, such as paying people to increase video views, likes, or increasing channel subscribers.

  6. No evidence, abuse of authority, or abuse of procedures for reporting, filing a complaint, objection, or appeal shall be made.

  7. You should not use the service to view or listen to content for purposes other than personal or non-profit purposes (for example, you should not publicly screen videos of the service or stream music).

Reserved

The use of the service does not grant ownership or rights to any element of this service (e.g., username or other user or other content posted by the company)

7. Contents

A. Posting and using content

If you have a Sparky channel, users can upload content to the service. In addition, you can promote your business or culture and arts business using your own content. When uploading content, you should not submit content that does not comply with this Agreement or statutes to the service. For example, the submitted content should not include third-party intellectual property (e.g., copyrighted material) unless it has obtained permission from the party or is legally permitted. The user is legally responsible for the content submitted by the user to the service. We can analyze users' content with an automated system to detect infringement and abuse cases such as spam, malware, and illegal content.

By providing content to this service, users are granted a global, non-exclusive, free, transferable, and license to grant sublicense to Sparky to use content (replication, distribution, modification, display, performance, etc.). Sparky can use these licenses only for the purpose of operating, promoting and improving this service. No provision of these terms and conditions grants Sparky a license beyond the scope permitted by law.

The license granted by the user will be maintained until the content is deleted as described below. When the content is deleted, the license is terminated, but exceptions may be granted if the service is operated, the use of the content allowed before deletion, or otherwise required by law. For example, even if a user deletes content, the company does not have to retrieve promotional materials containing the user's content or delete copies with reasonable reasons to keep them due to legal needs.

Users acknowledge and agree that they have no right to generate revenue, strengthen goodwill, or increase our value from the user's use of this service, including, but not limited to, advertising, sponsorship, publicity, and usage information.

Users recognize and agree that viewing the content provided by other users using this service is an act under the user's risk. The content of this service is only for the provision of general information. We would like to provide you with professional advice, but we do not guarantee it because we cannot confirm the expertise of all content creators.

We do not explicitly or implicitly state or guarantee that Sparky content is accurate, complete, or current. If this service contains links to data provided by other sites and third parties, these links are provided for user information. We do not have management authority on the above site or data. The above link should not be interpreted as our approval to collect linked websites or information. Users recognize that we are not obligated to censor, monitor, review, or modify content posted by users and other users of this service in advance.

B. Delete Content

Users can delete their content from the service at any time. You can also make a copy of the content before deleting it. If the user no longer holds the authority required by this agreement, the content must be deleted.

If it is reasonably judged that the user's content violates this Agreement or causes harm to Sparky, user or third party, we reserve the right to delete or block such content.

8. Compensation

If the user does not agree to Sparky.tv's business terms and conditions and violates them for commercial purposes, the user does not include claims, litigation and litigation procedures, disputes, damages and losses, reasonable legal and accounting fees (including defense costs for claims, lawsuits, and litigation processes filed by third parties).

9. Warranty Exclusions

Unless specified in this Agreement or required by law, this service is provided 'as it is' and Sparky does not make any specific arrangements or guarantees regarding the service. For example, to the extent permitted by law, we do not guarantee that any content provided through the service, the accuracy, stability, availability, or the ability to meet the needs of the service, or any content submitted by the user is accessible.

10. Responsibility Limited

Sparky, its affiliates, executives, directors, employees, and agents shall not be liable for loss of profits, income, business opportunities, goodwill, expected savings, loss or damage of data, indirect or consequential losses, or punitive damages caused by:

  1. Service errors, mistakes, or inaccuracies.

  2. Personal injury or property damage caused by the user's use of services.

  3. Unauthorized access or use of services

  4. Interruption or suspension of service.

  5. Viruses or malicious code transmitted through a service or service by a third party

  6. Content submitted by the user or Sparky, including the user's use of content.

  7. Contents can't be deleted or used.

This provision applies to all claims, regardless of whether the basis for the claim is warranty, contract, tort, or other legal principles.

To the extent permitted by applicable law, Sparky and its affiliates' total liability for compensation for claims related to or resulting from this service is limited to the amount of revenue Sparky paid to users in connection with the use of the service for 12 months before the user notifies Sparky in writing.

Immunity

To the extent permitted by relevant laws, users protect Sparky, its affiliates, executives, and agents from all claims, damages, obligations, responsibilities, expenses, expenses, expenditures (lawyer's expenses, etc.), violations of user's terms and conditions. These defense and indemnification obligations remain in effect even after the termination of this Agreement and your use of this service.

Third party link

Services may include links to third-party websites and online services that Sparky does not own or manage. Sparky is not allowed to engage in the website and online services and is not liable for this to the extent permitted by the relevant laws. If you leave this service, please review the terms and conditions of each third-party website and online service you visit and your personal information processing policy.

11. Others

  1. Related laws and jurisdiction Countries.

The main contents of these terms and conditions and their establishment are governed by Korean law. Disputes arising from or in connection with these terms and conditions, including questions about the existence, validity, or termination of these terms and conditions, are referred to the arbitration procedure of the Seoul International Arbitration Center ("SIDRC"). The place of arbitration is the Republic of Korea. The court consists of three arbitrators. The language of intervention is English.

  1. Open Source.

This platform includes specific open source software. Each open source software item is governed by the relevant license clause.

  1. Complete Agreement.

These terms and conditions (including the following additional terms and conditions) are complete legal agreements between the user and Sparky, governing the user's use of this service and replacing all existing agreements between the user and Sparky regarding this service.

  1. Age Limited.

The minimum age to manage the account of this service is 14 years old or older (the age of service use may be limited depending on the country). Users confirm that the user is above the relevant standard age by using this service. Parents' permission is required for those under the above standard age to use this service.(I can help my parents create and manage accounts.)

  • Age requirements by country of residence

    Asia

    • Korea: 14 years of age or older
    • Vietnam: 15 years of age or older

    The Caribbean.

    • Aruba: 16 years of age or older
    • Dutch Caribbean: 16 years of age or older
    • Quraso: 16 years of age or older
    • Sint-Marton: 16 years of age or older

    Europe

    • Austria: 14 years of age or older
    • Bulgaria: 16 years of age or older
    • Croatia: 16 years of age or older
    • Cyprus: 14 years of age or older
    • Czech Republic: 15 years of age or older
    • France: 15 years of age or older
    • Germany: 16 years of age or older
    • Greece: 15 years of age or older
    • Hungary: 16 years of age or older
    • Ireland: 16 years of age or older
    • Italy: 14 years of age or older
    • Lithuania: 14 years of age or older
    • Luxembourg: 16 years of age or older
    • Netherlands: 16 years of age or older
    • Poland: 16 years of age or older
    • Romania: 16 years of age or older
    • San Marino: 16 years of age or older
    • Serbia: 15 years of age or older
    • Slovakia: 16 years of age or older
    • Slovenia: 16 years of age or older
    • Spain: 14 years of age or older

    South America.

    • Chile: 14 years of age or older
    • Colombia: 14 years of age or older
    • Peru: 14 years of age or older
    • Venezuela: 14 years of age or older
  1. Given up rights prohibited.

Failure to comply with or enforce the provisions of these terms and conditions shall not be construed as a waiver of such provisions or rights.

  1. Security.

We do not guarantee the security status of this service or that this service is safe from bugs or viruses. Users are responsible for setting the user's information technology, computer programs, and platforms when accessing this service. Users should use the user's virus protection software.

  1. Divergence.

If certain provisions of these terms and conditions are invalidated under courts or laws having jurisdiction over the relevant matter, they are deleted from these terms and conditions, which do not affect other provisions, and other provisions are still valid and enforceable.

  1. Other inquiries. For other inquiries, please contact info@devunlimit.com.