Our services offer our users the ability to easily create beautiful and highly functional online presence, to manage and promote businesses, content and ideas, and have an overall great experience doing so – without being tech-savvy or a design guru. As detailed below, we offer our users numerous tools and features for creating, publishing and use of stunning websites, online e-commerce platforms, newsletters, galleries, media players, mobile apps and other online and mobile online and mobile applications, tools and services. The online and mobile websites and platforms created by Users are collectively referred to herein as ("User Platform(s)").
The Sparrowtech Terms constitute a binding and enforceable legal contract between sparrowtech.info Ltd. and its affiliated companies and subsidiaries worldwide (“Sparrowtech”, “us” or “we”) and you in relation to the use of any Sparrowtech Services - so please read them carefully.
In order to access and use certain sections and features of the Sparrowtech Services, you must first register and create an account with Sparrowtech ("User Account").
If anyone other than yourself accesses your User Account and/or any of your User Platforms’ settings, they may perform any actions available to you (unless as specifically stated otherwise on the Sparrowtech Services), make changes to your User Platform(s) and User Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your User Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User Account and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when registering your User Account and using the Sparrowtech Services, to which you are the sole and exclusive rights holder. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or User Content (as defined below) submitted to us.
In case of a dispute on User Account ownership, we reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to avoid doing so and/or suspend a User Account until the parties disputing such ownership, reach a resolution, without liability to you or to any other party. We may request documentation (e.g. government-issued ID, a business license) that may assist us in determining ownership. Among others, we may consider the principles set forth below.
- 1. Sparrowtech will consider the owner of a User Account, User Platform and/or User Content created and/or uploaded to the relevant Sparrowtech Service, as the person or entity who has access to the e-mail address then listed in Sparrowtech’s records for such User Account under which such User Platform or User Content was created.
- 2. If any Paid Services (as defined in Section 5 below) were purchased via a User Account, Sparrowtech will consider the owner of such User Account and/or the relevant User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services (“Billing Information”). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain’s registration information is publicly available via the WHOIS database provided on the www.whois.net website or on Sparrowtech’s database, Sparrowtech will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, Sparrowtech will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, Sparrowtech shall consider the person registered as the owner of the domain connected to the Sparrowtech Account as the owner of the User Platform.
- 3. Notwithstanding the forgoing, Sparrowtech shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event Sparrowtech deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by Sparrowtech.
You represent and warrant that:
you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the Sparrowtech Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the Sparrowtech Terms;
you are not a resident of (or will use the Sparrowtech Services in) a country that the U.S. government has embargoed for use of the Sparrowtech Services, nor are you named on the U.S. Treasury Department’s list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
your country of residence and/or your company’s country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
you understand that Sparrowtech does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
And specifically regarding your User Content:
you own all rights in and to any content uploaded by you, or imported, copied or uploaded by Sparrowtech Services for you, to your User Platform (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
you have (and will maintain) the full power, title, licenses, consents and authority to allow Sparrowtech Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform’s visitors and users (“End Users”) reside, or for Sparrowtech and/or your End Users to access, import, copy, upload, use or possess in connection with the Sparrowtech Services;
you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You undertake and agree to:
fully comply with all applicable laws and any other contractual terms which govern your use of the Sparrowtech Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
be solely responsible and liable with respect to any of the uses of the Sparrowtech Services which occur under your User Account and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the Sparrowtech Services);
regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third Party Services used by you;
receive from time to time promotional messages and materials from Sparrowtech or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
allow Sparrowtech to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of Sparrowtech’s marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against Sparrowtech or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
Sparrowtech’s sole discretion as to the means, manner, and method for performing the Sparrowtech Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
Sparrowtech shall have the right to offer the Sparrowtech Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the Sparrowtech Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.
You agree and undertake not to:
copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Sparrowtech Website, the Sparrowtech Services (or any part thereof), any Content offered by Sparrowtech or Third Party Services for use and display within User Platforms (“Licensed Content”) and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without Sparrowtech’s prior written and specific consent and/or as expressly permitted under the Sparrowtech Terms;
submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Sparrowtech or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
upload, insert, collect or otherwise make available within the Sparrowtech Website or the Sparrowtech Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
publish and/or make any use of the Sparrowtech Services or Licensed Content on any website, media, network or system other than those provided by Sparrowtech, and/or frame, “deep link”, “page scrape”, mirror and/or create a browser or border environment around any of the Sparrowtech Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by Sparrowtech, in advance and in writing;
use any “robot”, “spider” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Sparrowtech Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the Sparrowtech Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the Sparrowtech Services;
act in a manner which might be perceived as damaging to Sparrowtech’s reputation and goodwill or which may bring Sparrowtech into disrepute or harm;
purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Sparrowtech or Sparrowtech Marks and/or variations and misspellings thereof;
impersonate any person or entity or provide false information on the Sparrowtech Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to Sparrowtech and/or any End Users;
falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Sparrowtech or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
reverse look-up, trace, or seek to trace another User of Sparrowtech Services, or otherwise interfere with or violate any other User’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Sparrowtech Services and/or User Platform without their express and informed consent;
disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the Sparrowtech Services, User Platform, the account of another User(s), or any other systems or networks connected to the Sparrowtech Services, by hacking, password mining, or other illegitimate or prohibited means;
probe, scan, or test the vulnerability of the Sparrowtech Services or any network connected to the Sparrowtech Services;
upload to the Sparrowtech Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sparrowtech Services or Sparrowtech’s systems or networks connected to the Sparrowtech Services, or otherwise interfere with or disrupt the operation of any of the Sparrowtech Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
use any of the Sparrowtech Services and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters”, “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising;
access to Sparrowtech Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or Sparrowtech Services, except as expressly permitted by the Sparrowtech Terms;
remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Sparrowtech [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the Sparrowtech Services and/or Licensed Content; or
violate, attempt to violate, or otherwise fail to comply with any of the Sparrowtech Terms or any laws or requirements applicable to your use of the Sparrowtech Services.
Sparrowtech's Intellectual Property
All rights, title and interest in and to the Sparrowtech Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the “look and feel” of the Sparrowtech Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to Sparrowtech.
Subject to your full compliance with the Sparrowtech Terms and timely payment of all applicable Fees, Sparrowtech hereby grants you, upon creating your User Account and for as long as Sparrowtech wishes to provide you with the Sparrowtech Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Sparrowtech Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the Sparrowtech Terms, and solely within the Sparrowtech Services.
The Sparrowtech Terms do not convey any right or interest in or to Sparrowtech’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the Sparrowtech Terms constitutes an assignment or waiver of Sparrowtech’s Intellectual Property rights under any law.
Loss of Data, Content and Capacity
If your User Account or any Sparrowtech Services or Third Party Services related to your User Account are cancelled (whether at your request or at Sparrowtech’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services (“Capacity Loss”). Sparrowtech shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data. Please also note that additional Fees may apply to re-activation of a User Account and/or any Sparrowtech Services following their cancellation, as determined by Sparrowtech in its sole discretion.
Sparrowtech acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit Sparrowtech to locate the material (including URL address); (4) 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 (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
Limitation of Liability
To the fullest extent permitted by law in each applicable jurisdiction, Sparrowtech, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Sparrowtech Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Sparrowtech Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Sparrowtech Services; (6) events beyond the reasonable control of Sparrowtech, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Sparrowtech Services.