Terms of service

1.1. Agreement: consists of these Standard Terms of Service, which may be amended and/or modified without prior notice. The online and dated version is the applicable version.

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1.2. Content: includes any and all text, software, scripts, graphics, photos, sounds, music, videos and other audiovisual material viewed on, accessed through or contributed to the Licensed Website via the Platform.

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1.3.Embedded Code: is either the original embedded code of a specific Video Player of a Video Player Rights’ Owner.

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1.4. Intellectual Property Rights: mean any and all intellectual property rights arising out of the Licensed Website and the Services offered on the Platform and any and all intellectual property rights, including, but not limited to copyrights, logos, trademarks, codes and patents belonging to Invibes advertising NV, having its registered office at Reigerstraat 8, 9000 Ghent, Belgium and with enterprise number BE0836.533.938 (INVIBES ADVERTISING).

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1.5. Platform or Licensed Website: all features, services, functionalities, content and the “look & feel, design and style” available under or served from www.adspark.com or any affiliated domain, on third party web pages or domains via all kinds of devices.

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1.6. Publisher: is any person or entity, commercial or otherwise which publishes, disseminates, distributes and/or edits Content on the Internet via any kinds of devices.

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‍1.7. Services: an easy way for You to search and discover online Content.

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‍1.8.Terms of Service: comprises (1) the present Agreement and (2) the Privacy Policy which together constitute the binding applicable agreement governing Your relationship with ADSPARK regarding Your use of ADSPARK Services made available under or served from www.adspark.com or affiliate domain, in any form on third party web pages or domains via all kinds of devices.

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‍1.9. Video Player: includes any and all kind of video players, including any audiovisual Content and technical functionalities, embeddable, either (1) following a specific authorization given by the Video Player Rights’ Owner or (2) because they are made publicly available under their respective terms of use. During the crawling process, ADSPARK respects the instructions given in the /robots.txt file indicated in the root directory of the Video Player Right’ Owner website(s).

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‍1.10. You / User / Your (where applicable): the user of the Services.

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‍1.11.Video Player Rights’ Owner: Video Player Provider / Video Player Platform / Producer / Video Player Owner / Video Player Broadcaster, any and all entity or person which owns or has any and all necessary licenses, proprietary rights, permissions and/or other rights to said Players of video media Content and which has displayed the corresponding Embed Code on the web or which has given a specific authorization to ADSPARK, to crawl for said Video Player Embedded Code.

ADSPARK SERVICES offers an easy way for You to search and discover online content and videos that have been made available or embeddable by its corresponding rightholder on its website(s).

ADSPARK SERVICES hereby grants you a non-exclusive, non-transferable and non-assignable licence to access and have a use of the Services as set forth in this Agreement provided that:

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3.1. Except as permitted pursuant to applicable law You agree not to alter, disrupt, tamper with, circumvent and/or interfere with the Licensed Website and its security features, through any technology or means other than the Licensed Website itself. In particular, considering that the embeddable Video Players submitted to the Platform are protected by Intellectual Property Rights regarding their Content, You agree not to alter the viewing made available via the Player of the Platform or to illegally download the Video Players by other means than the proposed Embedded Code and to respect the applicable terms of use.
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3.2. Except as permitted pursuant to applicable law You agree not to use or launch any automated system, or try to access the Services other than indicated in the interface and the instructions provided, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Services in a manner that sends more request messages to the ADSPARK servers in a given period of time than a human can reasonably produce in the same period using a conventional on-line web browser. Notwithstanding the foregoing, ADSPARK grants the operators of public search engines permission to use spiders to copy materials from the Licensed Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
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3.3. Except as permitted pursuant to applicable law you agree not to collect any personal data or to use the communication systems provided by the Licensed Website for any commercial solicitation purposes. In particular, You agree not to solicit, for commercial purposes, any users of the Licensed Website with respect to their Content. In general, You agree not to use the Services for any commercial purposes except as authorised unless You obtain ADSPARK’s prior express written consent. Such consent shall not be unreasonably withhold.

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3.4. You understand that when using the Services, you will be exposed to Content from diverse sources and that ADSPARKis not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights of or relating to such Content. Indexed Videos are the sole responsibility of their Video Players Rights’ Owner as ADSPARK acts solely as a technical intermediary to index them and thus has no responsibility regarding the available embeddable Video Players. You agree to immediately notify ADSPARK of any Video which would allegedly violate any legitimate rights or applicable law by sending an email info@adspark.com

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3.5. To the maximum extent permitted pursuant to applicable law you agree to waive and hereby do waive, any legal or equitable rights or recourse You have or may have against ADSPARK with respect thereto. To the fullest extent permitted pursuant to applicable law You agree to indemnify ADSPARK arising out of an culpable infringement of your obligations under this Agreement.

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ADSPARK continually adapts, changes and improves the Services. You are aware, acknowledge and accept that the form, nature and substance of the Services can be modified at any time without prior notice.

5.1. You agree that any and all Intellectual Property Rights resulting out of the Licensed Website and the program proposed via the Platform are exclusively held by ADSPARK GMBH. You will not take any action to jeopardise, limit or interfere with the Intellectual Property Rights. You acknowledge and agree that any unauthorised use of the Intellectual Property Rights is a violation of this Agreement and – provided that the statutory prerequisites are fulfilled - might be subject to criminal sanctions.

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5.2. You agree that all Intellectual Property Rights in and to any Content that may be accessed through use of the Services, are exclusively held by the respective rights holders, in particular regarding the Content displayed via the Video Player. You acknowledge and agree that any unauthorised use of the Content displayed via the Video Player is a violation of the rights of the Video Player Rights’ Owner and of this Agreement and – provided that the statutory prerequisites are fulfilled -  might be subject to criminal sanctions.

6.1. The Services are provided essentially corresponding to the specifications (such as product or service descriptions) published by ADSPARK.

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6.2. To the maximum extent permitted pursuant to applicable law ADSPARK expressly disclaims all warranties, guarantees, claims or representations, express or implied with respect to the Licensed Website, its Services and the Content offered via its Platform, including, without limitation, fitness for a particular purpose. Nothing in this Agreement represents or warrants that the Licensed Website will always and continuously be accessible, uninterrupted, secure, complete or error-free, or will operate without data loss, nor does ADSPARK warrant any connection to or transmission from the Internet, or any quality of transmissions of data made through the Licensed Website.

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6.3. To the maximum extent permitted pursuant to applicable law You acknowledge that You bear the risk arising out of the use or the performance of the Services. You expressly recognize that ADSPARK has no general obligation of control over the Content available via its Platform.

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6.4. Your only recourse with respect to any problems with the Licensed Website is to cease accessing the Services. Moreover, if You happen to encounter any problems with the use of and/or access to the Services, then it is Your responsibility to immediately notify AdSpark GmbH as soon as reasonably possible at: info@adspark.com

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7.1 In case of intent or gross negligence on our part or by our agents or assistants in performance for the Services we are liable according to the provisions of applicable law; the same applies in case of breach of material contractual obligations. To the extent a breach of contract is unintentional, our liability for damages shall be limited to the typically foreseeable damage.

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7.2. However, we shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal and authorised use of the Services. Furthermore, our liability shall be excluded for damages resulting out of a loss of data to the extent that data recovery is not possible or impeded due to a failure to perform appropriate data back-up procedures. These limitations shall not apply in case of intent.

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7.3. Any liability not expressly provided for above shall be disclaimed.

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7.4. Our liability for culpable damage to life, body or health as well as our liability under any specific Product Liability Act the country you are using this program from or where your business is situated has shall remain unaffected.

8.1. When using the Program you're contracting with ADSPARK, a private company incorporated under the laws of Germany having its registered office and principal place of business at THEATINER STR. 45, 80333 Munich, Germany and this Agreement is governed by German law, except for its conflict of laws principles. This Agreement is exclusively governed by German law without prejudice to any mandatory conflict of laws provisions. The provisions of the UN Convention on the International Sale of Goods (CISG) shall not apply. In any claim or dispute between You and ADSPARK that arises in whole or in part from the present Agreement, both parties must at first and in good faith try to resolve and settle the issues together. Should dispute resolution fail 6 weeks after dispute notification, the claim or dispute shall be decided exclusively by the courts of Germany, having subject matter jurisdiction.

9.1 ADSPARK reserves the right to terminate the provision of Services at any time and for any reason, without prior notice.

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9.2. If any provision of this Agreement is deemed invalid or unenforceable by a Court with proper jurisdiction or any competent administrative body, the invalidity of such provision shall not affect the remaining provisions of this Agreement, which shall remain in full force and effect.
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9.3. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ADSPARK failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
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9.4. If ADSPARK provides the Agreement in any other language, this will be only for commercial expediency. The English language Agreement is the only valid and acceptable Agreement.
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9.5. ADSPARK reserves the right to amend this Agreement at any time and without notice, and it is Your responsibility to review this Agreement regularly. Your use of the Services following any amendment of this Agreement will signify Your assent to and acceptance of its revised terms.