LYTESPARK TERMS OF SERVICE

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.

These Terms apply to the web sites that post these Terms (including, without limitation, LyteSpark.com and mobile applications that post these Terms, each of which is owned or controlled by LyteSpark Ltd., (“LyteSpark,” “we” or “us”), and any available interactive features, downloads, applications, widgets or other outlets that post or include a link to these Terms (collectively, “LyteSpark Platforms”). These Terms apply to your use of the LyteSpark Platforms, regardless of whether accessed via computer, mobile device or otherwise. You agree to these Terms by accessing or using any of the LyteSpark Platforms. Your use of the LyteSpark Platforms constitutes your agreement to all such Terms, conditions, and notices.

You may not use LyteSpark or any other LyteSpark Platforms and may not accept the Terms if you are a person barred from using services that LyteSpark provides under the laws of any country in which you are resident or from which you use the Services.

In some instances, both these Terms and a separate document that provides additional conditions may apply to a service or product offered via the LyteSpark Platforms (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

MODIFICATION OF THESE TERMS OF USE


LyteSpark reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the LyteSpark Platforms, and that your use of the LyteSpark Platforms after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the LyteSpark Platforms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the LyteSpark Platforms from that point forward.

ELIGIBILITY

To be eligible to use the LyteSpark Platforms, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from the LyteSpark Platforms, or not otherwise prohibited from having a LyteSpark account, (2) are not a competitor of LyteSpark or are not using the LyteSpark Platforms for reasons that are in competition with LyteSpark Platforms; (3) have full power and authority to enter into this agreement and doing so will not violate any other agreement to which you are a party; (4) will not violate any rights of LyteSpark, including intellectual property rights such as copyright or trademark rights; and (5) agree to provide at your cost all equipment, software, and internet access necessary to use the LyteSpark Platforms.

LINKS TO THIRD PARTY SITES


The LyteSpark Platforms may contain links to other web sites (“Linked Sites”), such as LinkedIn, Google (including Google Docs), YouTube, Facebook, SlideShare. The Linked Sites are not under the control of LyteSpark and LyteSpark is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. LyteSpark is not responsible for webcasting or any other form of transmission received from any Linked Site. LyteSpark is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by LyteSpark of the site or any association with its operators.

Documents created via the “Create Document”, “Upload file”, “SlideShare”, or “YouTube” functions and subsequently are hosted by third party platforms fall under the category of Linked Sites. LyteSpark neither hosts nor stores a copy of these documents and is not responsible for the information, or the security of the information, provided to the Linked Site. The user is responsible for ensuring that their usage of these sites respects the Terms and Conditions of the Linked Site and, if necessary, confirming agreement of the Terms and Conditions of the Linked Site.

NO UNLAWFUL OR PROHIBITED USE


As a condition of your use of the LyteSpark Platforms, you warrant to LyteSpark that you will not use the LyteSpark Platforms for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LyteSpark Platforms in any manner, which could damage, disable, overburden, or impair the LyteSpark Platforms or interfere with any other party’s use and enjoyment of the LyteSpark Platforms. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the LyteSpark Platforms.

PASSWORDS AND ACCOUNT SECURITY


In order to access some of the features or use some of the services of the LyteSpark Platforms, you will have to create an account. If you create an account with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the LyteSpark Platforms using your name in whole or in part. LyteSpark reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

You must notify LyteSpark immediately of any breach of security or unauthorized use of your account. LyteSpark will not be liable for any loss you incur due to any unauthorized use of your account. You, however, may be liable for any loss LyteSpark or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.

To close your account, please contact [email protected]

FEES AND CHARGES

You shall pay all fees relevant to your subscription package or related any services you purchase from time to time, and hereby authorize LyteSpark (and its payment processors) to take such payments due using our selected payment processors. We do not store credit card details nor do we share customer details with any 3rd parties.

All subscription packages shall commence immediately upon receipt of your payment. All subscriptions expire at the end of the paid subscription period.

You acknowledge that all subscription fees are charged automatically on a recurring basis until you cancel your subscription. You may cancel your subscription by logging onto your account and choosing the "cancel next payment" option. You may also request that Customer Service perform the cancellation by submitting a request directly to [email protected] .

TRANSFER OF DATA ABROAD

If you are visiting the LyteSpark Platforms from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting the LyteSpark Platforms and communicating electronically with us, you consent to such transfers.

USE OF COMMUNICATION SERVICES


The LyteSpark Platforms contains user-to-user communications, such as video chat areas, bulletin board services, forums, personal web pages, calendars, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with the public at large or with other LyteSpark users. You acknowledge that LyteSpark provide no guarantee over video/audio call quality or reliability. You agree to use the Communication Services only to chat, post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not (as determined by LyteSpark in its sole and absolute discretion):

* Act dishonestly or unprofessionally by engaging in unprofessional behavior;

* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

* Intercept, tap into, record, monitor, damage, alter, manipulate or modify any communication not intended for you;

* Capture, alter, adapt or modify any content, including, images, audio, text or other materials transmitted by other users without their explicit and informed consent;

* Collect, store, disclose, disseminate or distribute personal data with respect to third parties except as contemplated by the Terms of Use and then only for the express purpose of providing lawful communication that may reasonably be anticipated by such third parties;

* Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

* Distribute files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

* Transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt, or limit the functionality of any computer hardware, computer software, or telecommunications equipment or facilities;

* Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

* Harvest or otherwise collect information about others, including e-mail addresses, without their consent;

* Restrict or inhibit any other user from using and enjoying the Communication Services;

* Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service;

* Use or attempt to use another's account or create a false identity

* Violate any applicable laws or regulations.

LyteSpark has no obligation to monitor the Communication Services. However, LyteSpark reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service. LyteSpark does not control or endorse the content, messages or information found in any Communication Service and, therefore, LyteSpark specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH LYTESPARK PLATFORMS INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY.

LYTESPARK NOT A PARTY TO USER INTERACTIONS

LyteSpark is not a party to the interactions, dealing or contracting between the Users (“User Relationships”). LyteSpark has no control over and does not guarantee the quality, safety or legality of User Relationships, the truth or accuracy of profile (“Profile”) listings, the qualifications, background, or abilities of Users. LyteSpark is not required to and does not verify any information given to us by the Users, nor does LyteSpark perform background checks on the Users.

All rights and obligations for User Relationships are solely between the Users. The Users must look solely to the other for enforcement and performance of all the rights and obligations arising from the User Relationships and any other terms, conditions, representations, or warranties associated with such dealings.

MATERIALS PROVIDED TO LYTESPARK OR POSTED TO ANY LYTESPARK PLATFORMS


LyteSpark does not claim ownership of the materials you provide to LyteSpark (including feedback and suggestions) or post, upload, input or submit on any of the LyteSpark Platforms (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting LyteSpark and necessary sublicensees permission to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with LyteSpark.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Except as otherwise described in the LyteSpark Privacy Policy, any Submission will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure of Submission. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post, submit, or otherwise disclose it on any of the LyteSpark Platforms.

LYTESPARK IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU DISCLOSE ON ANY OF THE LYTESPARK PLATFORMS.

You acknowledge and agree that your relationship with LyteSpark is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Submission does not place LyteSpark in a position that is any different from the position held by members of the general public, including with regard to your Submission. None of your Submission will be subject to any obligation of confidence on the part of LyteSpark, and LyteSpark will not be liable for any use or disclosure of any Submission that you provide.

LyteSpark generally does not pre-screen Submissions. However, LyteSpark reserves the right (but undertakes no duty) to do so and decide whether any Submission is appropriate and/or complies with these Terms. LyteSpark may remove any Submission and/or terminate a User’s access to the LyteSpark Platforms for posting or publishing any material in violation of these Terms, or for otherwise violating these Terms (as determined by LyteSpark in its sole and absolute discretion), at any time and without prior notice. If LyteSpark terminates your access to the LyteSpark Platforms, LyteSpark may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

USER INTERACTIONS AND DISPUTES

You are solely responsible for your interaction with other users of the LyteSpark Platforms, whether online or offline. We are not responsible or liable for the conduct of any user. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others, when you submit or post any personal or other information, and in all other online activities.

MOBILE

The LyteSpark Platforms may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the LyteSpark Platforms, receive messages from the LyteSpark Platforms, download applications to your mobile phone or access LyteSpark Platforms features (collectively, the “Mobile Features”). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

DISCLAIMER OF WARRANTIES

THE LYTESPARK PLATFORMS, INCLUDING, WITHOUT LIMITATION, THE MATERIALS AND ITEMS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, LYTESPARK AND ITS EMPLOYEES, MANAGERS, MEMBERS, OFFICERS, SHAREHOLDERS, PARENT COMPANY, AGENTS, VENDORS AND CONTRACTORS (COLLECTIVELY, THE “LYTESPARK PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE LYTESPARK PLATFORMS; (B) THE MATERIALS OR ITEMS ON OR PROVIDED THROUGH THE LYTESPARK PLATFORMS; (C) SUBMISSIONS; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE LYTESPARK PLATFORMS; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE LYTESPARK PLATFORMS; OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM LYTESPARK OR VIA THE LYTESPARK PLATFORMS. IN ADDITION, THE LYTESPARK PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM VIRUS.

THE LYTESPARK PARTIES DO NOT REPRESENT OR WARRANT THAT THE LYTESPARK PLATFORMS, THE ITEMS OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE LYTESPARK PLATFORMS OR THE SERVERS THAT MAKE SOME OF THE LYTESPARK PLATFORMS AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE LYTESPARK PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE LYTESPARK PLATFORMS ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE LYTESPARK PLATFORMS, THAT YOUR USE IS AT YOUR SOLE RISK. THE LYTESPARK PARTIES DO NOT WARRANT THAT YOUR USE OF THE LYTESPARK PLATFORMS OR ITEMS ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE LYTESPARK PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THESE TERMS.

BY ACCESSING OR USING A LYTESPARK PLATFORM YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THAT LYTESPARK PLATFORM.

THE LYTESPARK PARTIES DO NOT ENDORSE THE SUBMISSION OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR THE SUBMISSION OR COLLABORATIVE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH SUBMISSION OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUBMISSION OR COLLABORATIVE CONTENT OBTAINED THROUGH A LYTESPARK PLATFORM.

LIMITATION OF LIABILITY; WAIVER

UNDER NO CIRCUMSTANCES WILL THE LYTESPARK PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) A LYTESPARK PLATFORM; (B) THE MATERIALS; (C) SUBMISSIONS; (D) YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS OF LYTESPARK PLATFORMS; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF A LYTESPARK PLATFORM OR MATERIALS; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE LYTESPARK PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF A LYTESPARK PLATFORM, MATERIALS, ITEM OR PROMO CODE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (H) ANY ERRORS OR OMISSIONS IN A LYTESPARK PLATFORM'S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY COMPUTER, HARDWARE, VIDEO PLAYER, DVD PLAYER, GAME CONSOLE, BLU-RAY PLAYER, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE LYTESPARK PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF A LYTESPARK PLATFORM). IN NO EVENT WILL THE LYTESPARK PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE LYTESPARK PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF LYTESPARK ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE LYTESPARK PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE LYTESPARK PARTIES.

BY ACCESSING A LYTESPARK PLATFORM, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES AND WITHOUT IT THE TERMS AND PRICES CHARGED WOULD BE DIFFERENT.

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold the LyteSpark Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your Submission; (b) your use of the LyteSpark Platforms or activities in connection with the LyteSpark Platforms; (c) your breach (actual or alleged) or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer or mobile or other device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trade identity, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the LyteSpark Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and LyteSpark. You will cooperate as fully required by the LyteSpark Parties in the defense of any claim. The LyteSpark Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the LyteSpark Parties.

TERMINATION/ACCESS RESTRICTION


LyteSpark reserves the right to terminate your access to and use of the LyteSpark Platforms or any of its features in its sole discretion, without notice and liability. LyteSpark also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on the LyteSpark Platforms, without limitation, in whole or in part, including the cessation of all activities associated with the LyteSpark Platforms, with or without notice. You agree that LyteSpark will not be liable to you or to any third party for any modification, suspension or discontinuance of the LyteSpark Platforms or any part thereof. LyteSpark also reserves the right to charge for use of the LyteSpark Platforms, in whole or in part, and to change its fees from time to time in its discretion.

Notwithstanding termination of your use of the LyteSpark Platforms, for any reason whatsoever, these Terms of shall survive, except for your license to use the LyteSpark Platforms.

PRIVACY AND PERSONAL INFORMATION


For information about LyteSpark data protection practices, please read LyteSpark Privacy Policy. This policy explains how LyteSpark treats your personal information, and protects your privacy, when you use the Services. You agree to the use of your data in accordance with LyteSpark privacy and membership policies. If you become aware of any unauthorized use of your password or of your account, you agree to notify LyteSpark immediately at [email protected] .

PERPETUITY RIGHTS


When these Terms come to an end, all of the legal rights, obligations and liabilities that you and LyteSpark have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

ADVERTISEMENT

Some of the LyteSpark Platforms may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the LyteSpark Platforms, queries made through the LyteSpark Platforms or other information. The manner, mode and extent of advertising by LyteSpark on the LyteSpark Platforms are subject to change without specific notice to you.

LyteSpark reserves the right to disclose aggregated data, or information or statements we publish without attribution to any identifiable individual, or specific data or statements that you separately and specifically agree we can share with the larger public or media, without infringing upon the user’s confidentiality.

LIMITED LICENSE/OWNERSHIP OF MATERIALS

On the condition that you comply with these Terms, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the LyteSpark Platforms, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of LyteSpark), view information and use the services that we provide on LyteSpark web sites and in accordance with these Terms. Any other use of LyteSpark Platforms contrary to these Terms is strictly prohibited and a violation of these Terms. We reserve all rights not expressly granted in these Terms, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in LyteSpark and all related items.

Unless otherwise explicitly specified, all materials that are included in, made available through or are otherwise a part of the LyteSpark Platforms (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the LyteSpark Platforms; the compilation, assembly and arrangement of the materials of the LyteSpark Platforms; and all other materials related to the LyteSpark Platforms (collectively, the “Materials”) are owned, controlled or licensed by LyteSpark, its subsidiaries, affiliates or suppliers and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of LyteSpark, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited.

You agree that: (a) you will keep intact all copyright and other proprietary notices contained in the original Materials or any copy you may make of the Materials; (b) you will not use the Materials in a manner that suggests an association with any of our products, services or brands; (c) you will make no modifications to the Materials; (d) you will not allow or aid or abet any third party to (whether or not for your benefit): (i) copy or adapt the object code of any LyteSpark Platforms' software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the LyteSpark Platforms creates to generate its web pages or any software or other products or processes accessible through the LyteSpark Platforms; and (e) you will not insert any code or product to manipulate the Materials in any way that affects any user's experience.

You also agree that you will not (or aid or abet any third party to): (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard search engine or Internet browser usage); (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way except as specifically permitted by these Terms or otherwise in writing by LyteSpark; or (c) provide access to any LyteSpark Platforms or Materials via any medium without the prior written consent of an authorized representative of LyteSpark.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

You may not use the LyteSpark Platforms for any purpose or in any manner that infringes the rights of any third party. LyteSpark encourages you to report any content on the LyteSpark Platforms that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the LyteSpark Platforms infringes your copyright, trademark, or other intellectual property rights, please notify LyteSpark immediately.

GENERAL LEGAL TERMS


The Terms constitute the whole legal agreement between you and LyteSpark and govern your use of the Services (but excluding any services which LyteSpark may provide to you under a separate written agreement), and completely replace any prior agreements between you and LyteSpark in relation to the Services.

You acknowledge and agree that the form and nature of the services, which LyteSpark provides, may change from time to time without prior notice to you.

You agree that LyteSpark may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the web site.

LyteSpark has affiliated legal entities (“Affiliates”). Sometimes, these Affiliates will be providing the Services to you on behalf of LyteSpark. You acknowledge and agree that Affiliates will be entitled to provide the Services to you.

As part of this continuing innovation, you acknowledge and agree that LyteSpark may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at LyteSpark sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform LyteSpark when you stop using the Services.

You acknowledge and agree that if LyteSpark disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.

Unless you have been specifically permitted to do so in a separate agreement with LyteSpark, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, most especially including not sharing the data supplied by other LyteSpark users. You agree that you are solely responsible for (and that LyteSpark has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which LyteSpark may suffer) of any such breach.

You agree that if LyteSpark does not exercise or enforce any legal right or remedy which is contained in the Terms (or which LyteSpark has the benefit of under any applicable law), this will not be taken to be a formal waiver of LyteSpark rights and that those rights or remedies will still be available to LyteSpark.

Unless LyteSpark has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Services, grant a security interest in or over your rights to use the Services, or otherwise transfer any part of your rights to use the Software. This means also that you shall not share your password or user access with non-users or ineligible users.

When these Terms come to an end, all of the legal rights, obligations and liabilities that you and LyteSpark have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.

LyteSpark makes no representation or warranty that the content available on the LyteSpark Platforms are appropriate in every country or jurisdiction, and access to the LyteSpark Platforms from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access the LyteSpark Platforms are responsible for compliance with all local laws, rules and regulations.

The Terms, and your relationship with LyteSpark under the Terms, shall be governed by the laws of England and Wales. You and LyteSpark agree to submit to the exclusive jurisdiction of the courts located within England and Wales to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that LyteSpark shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

The titles and headings of these Terms are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall be construed for all purposes to be a separate and independent covenant or agreement.

If you have any questions about this Agreement and for all notices, please contact us:

Company Name: LyteSpark Ltd

Mailing address: TechHub London, 4-5 Bonhill St. London EC2A 4BX, United Kingdom

E-mail address: [email protected]

Revised: February 11 2016.

Copyright © 2017 LyteSpark. All Rights Reserved.