Last Updated: Dec 16 2022
Sparkle is a mobile application developer (“we”, “our” or “our”). These Terms of Service (“Terms”) constitute a binding agreement between you and us. Generally, these Terms will govern and govern your access to and use of our online websites, mobile games, mobile applications and services (collectively, the "Services").
We understand the importance of respecting works, so we are committed to providing the highest quality products and raising awareness of intellectual property. In order to achieve this goal, we must all abide by the following rules.
These terms of service ("Terms") constitute a legally binding agreement between the end user of the Services ("you") and us to govern your online and offline use) and our applications and their updates, and related services (collectively, the "Services"), and affect your legal rights ("Agreement").
Please read these terms and our Privacy Policy and other terms referenced in this document carefully, as you agree to (and abide by) them, accept them and agree to be bound by them before using the app. By using our Services, you agree to be bound by the terms and conditions in these Terms and all other rules, policies and procedures that we may publish from time to time in relation to our Services and all agreements defined in the Third Party Section of the Services.
The digital environment and the laws governing it change frequently, so we reserve the right to change these terms at any time. When we do this, we will provide you with a prominent notice by displaying it on the website.
The App is provided and controlled from our facilities in HongKong. If you access or use the Services from other jurisdictions, you do so at your own risk. We make no representations that the Services are suitable or available for use in other locations. You are responsible for knowing and complying with the applicable laws in your jurisdiction. If such laws conflict with your use of the Services, you may not use them.
These Terms do not entitle you to receive the Services nor obligate to provide hard copy documentation, support, telephone assistance, or enhancements or updates to the Services.
Right Granted
Subject to your compliance with these terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the application on a mobile device owned or controlled by you, and to run such Copy the Application only for your own personal, non-commercial use ("License"). You may not copy the Application except to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted by these Terms, you may not:
1. Copy, modify or create derivative works based on the App;
2. Distribute, transfer, sublicense, rent, lend or lease the Application to any third party;
3. Reverse engineer, decompile or disassemble the Application; or
4. Make the functionality of the application available to multiple users by any means. All rights to the Application not expressly granted to you in these Terms are reserved.
The rights granted to you in this agreement are limited as follows:
1. You may not license, sell, rent, lease, assign, assign, distribute, host or otherwise commercially exploit any Application;
2. You may not modify, translate, adapt, merge, create derivative works from, disassemble, decompile, decompile or reverse engineer any part of the Application, except where the foregoing restrictions are expressly prohibited by applicable law;
3. You may not access any Application to build a similar or competing service or application;
4. Except as expressly provided herein, no part of any Application may be reproduced, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; or
5. You may not remove or destroy any copyright notice or other proprietary notation on or contained in any Application. Future releases, updates or other additions of functionality to any App (including in-app purchases, additional levels and game enhancements) shall be subject to the terms of this Agreement, unless otherwise provided in the terms associated with such additions. All copyright and other proprietary notices in any Application Content must remain on any copies.
You warrant that when using the Application, you shall comply with all applicable laws.
We may modify the Terms at any time in our sole discretion. If we do so, we will notify you by posting the revised terms on the app or by other means of communication. Whenever we amend the terms, please be sure to review these terms, as your continued use of the App after we post the amended terms on the app, you are indicating to us that you agree to be bound by the amended terms. If you do not agree to be bound by the revised terms, you may no longer use the application.
We do not claim any ownership rights in any User Content (defined below), and nothing in these Terms shall be deemed to limit any rights you may have to use and exploit your User Content. Subject to the foregoing, Sparkle and its licensors exclusively own all right, title and interest in and to the Applications and Content, including all related intellectual property rights. You acknowledge that the App and Content are protected by United States and foreign copyright, trademark and other laws. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary notices contained in or accompanying the Application or Content (including User Content from other users). You shall observe and maintain all copyright notices, information and restrictions contained in any content accessed through the Application.
"Content" means text, graphics, graphics, images, software, photographs, drawings, drawings, works of authorship of any kind, information or other material that you post, generate, provide, create or otherwise make available through the Application application. User "User Content" means any and all content uploaded, distributed or otherwise made available through any Application by users of the App, including you. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance by others on its accuracy, completeness, or usefulness, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate the Acceptable Use Policy (as defined below). There is no obligation to back up any User Content, which may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you wish.
By uploading, distributing or otherwise using your User Content in any Application, you automatically grant, and you represent and warrant that you have the right to grant an irrevocable, non-exclusive, royalty-free and fully paid worldwide License, granting the right to sublicense, reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Content solely for the purpose of displaying Your User Content on any Application.
If you provide any comments or suggestions ("information") to us, you hereby assign to us all rights in that information and agree to have the right to use it in any way it deems appropriate. we will treat any information you provide to us as non-confidential and non-proprietary. You agree that you will not submit any information or ideas to us that you consider confidential or proprietary.
Acceptable Use Policy
You agree not to use any Application to upload, distribute, or otherwise use any User Content that
a. violates any third-party rights, including any copyright, trademark, patent, trade secret, moral right, right of privacy, right of publicity, or any other intellectual property or proprietary rights;
b. tortious, commercially defamatory, libelous, false or intentionally misleading;
c. harassing, abusive, threatening, harmful, vulgar, obscene or offensive, or contains pornography, nudity, graphic or gratuitous violence, or promotes violence, racism, discrimination, bigotry, hatred, or any form of physical harm against any group or individual, or is otherwise objectionable;
d. causes harm to minors in any way;
e. constitutes Solicited or unauthorized advertising, promotional materials, spam, spam, chain letters, pyramid schemes, or any other form of repetitive or unsolicited messaging, whether commercial or otherwise;
f. violates any law , statutory or contractual obligations.
In addition, you agree not to use any Application to:
a. upload or distribute any computer viruses, worms, malicious code, or any software designed to damage or alter computer systems or data;
b. without the consent of other users;
c. disable, overly burden, impair or otherwise interfere with servers connected to the Application or networks (e.g., denial of service attacks);
d. attempting to gain unauthorized access to the Site or App or servers or networks connected to the App (e.g., through password mining);
e. interfering with other users' use and enjoyment of any App .
Although we have no obligation to monitor access to or use of the App or User Content or to review or edit any User Content, we have the right to do so for the purposes of operating the App, ensuring compliance with these Terms, and compliance with applicable or other laws Require. We reserve the right (but have no obligation) to remove or disable access to any content at any time without notice, including, without limitation, if we, in our sole discretion, deem any content to be objectionable or to violate these terms. We reserve the right to investigate violations of these terms or actions affecting the application. We may also consult and cooperate with law enforcement to prosecute users who violate the law.
Legal Disputes and Arbitration Agreements
PLEASE READ THE FOLLOWING TERMS CAREFULLY - IT MAY SERIOUSLY AFFECT YOUR LEGAL RIGHTS, including your right to take a court action:
A. Preliminary Dispute Resolution
We can be reached by email at mixbeads.feedback@gmail.com with any concerns you may have about using the service. Most problems can be quickly resolved this way. You and we both agree to use our best efforts to resolve any dispute, claim, problem or disagreement directly through consultation and negotiation in good faith, which is a condition precedent to litigation or arbitration by either party.
B. Agree to Binding Arbitration
If we fail to reach an agreed resolution within thirty (30) days of informal dispute resolution pursuant to the above section, either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Service (including their formation, performance and breach), the relationship between the parties and/or your use of the Services shall ultimately be resolved by binding arbitration on a confidential basis The arbitration shall be conducted by the Hong Kong International Arbitration Center (“HKIAC”) in accordance with the provisions of the HKIAC Institutional Arbitration Rules in effect at the time the Notice of Arbitration is submitted, excluding any rules or procedures governing or permitting class actions.The arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms of Service, including without limitation : Any statement that all or any part of these Terms of Service is invalid or revocable. The arbitrator shall have the authority to award any relief available to the court at law or in equity. The arbitrator's award shall be binding on the parties and may be entered as judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Service shall be governed by the Federal Arbitration Act. The place of arbitration shall be Hong Kong, China. If the arbitration filing fee exceeds the cost of filing a lawsuit, we will pay the additional fee. If we are required to pay additional fees to the filing fee, you should submit a request for payment of the fees together with your form for initiating arbitration to HKIAC and we will make arrangements to pay all necessary fees directly to HKIAC. Arbitration rules also allow you to recover attorneys' fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to proceed in court and to a jury trial. They further understand that in some cases, the costs of arbitration may exceed the costs of litigation and that the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver
You and we each further agree that any arbitration shall be conducted in your respective individual capacity only, and not as a class or other representative action, and that you and we each expressly waive any right to bring a class action or seek relief on a class basis. If any court or arbitrator decides that the class action waiver provided for in this paragraph is invalid or unenforceable for any reason, or that arbitration may be conducted on a class basis, then the foregoing arbitration clause shall be deemed void in its entirety as the parties have not agreed to resolve their dispute by arbitration.
D. 30-Day Opt-Out Right
You have the right to opt-out and not be bound by the Arbitration and Class Action Waiver by sending written notice of your decision to opt-out to mixbeads.feedback@gmail.com. Notice must be sent within thirty (30) days of registering to use the Services, or you must arbitrate the dispute in accordance with the terms of these Terms. If you opt out of these arbitration provisions, we will not be bound by them.
E. Applicable Law
You agree that the laws of the Commonwealth and the Hong Kong Special Administrative Region of the People's Republic of China, without regard to principles of conflict of laws, will govern these Terms of Service and any claim or dispute that has arisen or may arise between you and us.
This agreement becomes effective from the date of your acceptance of this agreement (as stated in the preface), and remains in full effect during your use of the application, unless terminated earlier in accordance with this agreement.
Notwithstanding the foregoing, if you have used any Application prior to the date of acceptance of this Agreement (as stated in the preamble), you hereby acknowledge and agree that this Agreement begins on the date of your first use of any Application (whichever is earlier whichever, and may be earlier than the Agreement Version Date), and will remain in full force and effect during your use of any Application, unless terminated earlier in accordance with this Agreement.
We may (a) suspend your right to use any Application and/or any related Services, or (b) terminate this Agreement at any time for any reason in our sole discretion, with or without notice to you, including if we Be in good faith to believe that you have violated the Acceptable Terms of Use here or any other term of this Agreement. Without limiting the foregoing, we reserve the right to terminate the agreement with any user who infringes the copyright of a third party upon timely notification by the copyright owner or the copyright owner's legal representative.
Once this agreement is terminated, your right to use this application will be automatically terminated immediately. You understand that any termination may involve deletion of your User Content associated therewith from our live databases. We shall not be liable to you for any termination of this Agreement, including deletion of your User Content.
Compensation
You agree to Sparkle defend, indemnify and Sparkle hold harmless (and its suppliers) from and against any claims, actions, losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees): (i) your use of any App, (ii) your User Content, or (iii) your violation of this Agreement. The right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you is reserved, and you agree to cooperate with our defense of such claims. You agree us not to resolve any issues without prior written consent. We reasonable efforts will be made to notify you of any such claim, action or proceeding.
You acknowledge that this Agreement is Sparkle between you and not with the third party ("App Store") from which you received the App. You agree to pay all App Store fees, if any, associated with the App. You agree to abide by the terms of all applicable third-party agreements (eg, application store terms and policies) when using the App, and your license to use the App is conditioned on your compliance. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the authority to enforce this Agreement.
Certain third-party applications may be permitted to provide content through the Application (“Third Party Services”). This application can be used to send content provided by third-party services between users who have installed third-party services on their devices. When you do so, the informationwill be shared with the third-party service as described in our privacy policy. We are not responsible for and does not control third party services. These third-party services are provided only as a convenience to you. There is no obligation to review or monitor, nor does it approve, endorse, or make any representations or warranties about the Third Party Services. Your use of all third-party services is at your own risk. When you access a third-party service, the applicable third-party terms and policies apply, including the third-party's privacy policy. You should conduct any investigation you deem necessary or appropriate before proceeding with any transaction in connection with any Third Party Service.
The App may contain User Content provided by other users of the App. We are not responsible for and does not control User Content. There is no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties regarding User Content. Your use of all User Content and interactions with other users is at your own risk. Your interactions with other users are solely between you and the other user, and we are under no obligation to participate. You agree us not to be responsible for any liability arising out of any such interactions.
You hereby irrevocably and unconditionally release and forever release Sparkle (and its suppliers) from any and all claims, demands and rights of action, now known or unknown, of any third party Any interaction, action or omission related to - third-party services, other application users or third-party advertisers. If you are a California resident, you hereby waive California Civil Code Section 1542 relating to the foregoing, which states: "The general release does not apply to the creditor at the time of execution of the release if he or she knew that the must have a significant impact on his or her settlement with the debtor."
The app is provided "as is" and as available, and we (and its suppliers) expressly disclaim all warranties and conditions, express or implied, including warranties or conditions of merchantability, fitness for a particular purpose, title, quiet, enjoyment, accuracy or non-infringement. We (and its suppliers) do not warrant that any application: (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, Integrity, Legal or Secure.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL WE (OR ITS SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE SPARKLE POSSIBILITY OF SUCH DAMAGES. ACCESS TO AND USE OF ANY APPLICATION IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR CONPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, YOUR LIABILITY TO YOU FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR INN CONNECTION WITH THIS AGREEMENT OR OUR PRIVACY PARTICES (HOWSOEVER, IN WHATEVER FORM) SHALL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID US WITHIN 12 MONTHS OF (IF ANY). IN SPARKLE NO EVENT SHALL THE SUPPLIERS BE LIABLE FOR ANY LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT.
Some jurisdictions do not allow the limitation or exclusion of incidental liability for consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights which vary from jurisdiction to jurisdiction.
Subscriptions and Fees
We offer certain premium features of the Services which you may purchase on a weekly or monthly or annual basis (“Subscription”). You can find a description of the features and benefits associated with the subscription on the app. To purchase a subscription, you must provide the Apple App Store or Google Play Store with a valid, accepted form of payment (for example, debit or credit card). By submitting such information, you agree and warrant that the Apple App Store or Google Play Store has the right to use or provide this information to third parties for payment processing. You may be subject to additional terms and conditions imposed by Apple or Google.
Auto-Renew
When you purchase a subscription, your subscription will automatically renew for the term you choose (for example, monthly or yearly) until terminated. You authorize us to charge your payment method up to 24 hours before the end of the current subscription period. You can cancel your subscription in your Apple App Store or Google Play Store settings at least 24 hours before the end of the current subscription period.
No Refund
Subscription payments are non-refundable. We do not offer partial refunds or credits for unused periods. However, upon cancellation, you will continue to have access to the premium features of the Services associated with the subscription you purchased until the end of the subscription period.
Changes to Price and Subscription Terms
We reserve the right to change our subscription terms or pricing at any time, in our sole discretion. Any changes to subscription terms or prices will not be retroactive and will only be effective upon notice to you.
Free Trial
You may receive free trials of premium features associated with paid subscriptions. Free trial eligibility is at our sole discretion and we may limit eligibility or duration to prevent abuse. At the end of your free trial period, your subscription may automatically renew as described in the notice you accepted when you signed up for your free trial.
Refund Policy
You may request a withdrawal if you have purchased any virtual goods or currency for cash within the past 7 days and have not used them at all. If you purchased them within the last 7 days and have used up some of them, you will no longer be able to request withdrawals for purchases.
In addition, if you receive any additional Virtual Goods with the purchase of Virtual Goods and a portion of such additional Virtual Goods has been used up, you will not be able to request a return.
In addition, if you receive any virtual goods or currency as a gift, you cannot request to cancel the purchase or exchange them for cash.
Withdrawals for purchases can be made via email and it will be returned to the same method you used to pay. Virtual goods and currency will be charged while your withdrawal request is being processed, but please note that refund times will vary depending on the payment method used.
However, if there is a problem with the Virtual Goods and Currency you received, you may make a purchase withdrawal request within 3 months of purchase or 30 days from the date you knew or were likely to know of the problem, whichever comes first.
Precautions
Any notices provided to you under this Agreement should be sent to: mixbeads.feedback@gmail.com.
If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions of this agreement will not be affected and the invalid or unenforceable provision will be deemed amended to the fullest extent permissible Valid and enforceable by law.
This Agreement is the final, complete and exclusive agreement between you and us with respect to the subject matter hereof (including all applications), and supersedes and merges the parties’ previous agreements with respect to such subject matter (including any prior discussions and agreements) and terms of service or privacy policy). Our failure to exercise or enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. Section headings in this Agreement are for convenience only and have no legal or contractual effect. The word including means including but not limited to. Your relationship with us is that of an independent contractor, and neither party is an agent or partner of the other. You may not assign this Agreement, and your rights and obligations hereunder, without prior written consent, and any attempted assignment in violation of the foregoing shall be void. This Agreement may be assigned without your consent, in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law. The terms of this agreement are binding on the assignee.
This Agreement shall be governed by, construed and interpreted in accordance with the laws in force in France, without regard to its conflict of laws disputes.