Last updated: 28 March 2024
Your Agreement To These Terms Of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS IS A BINDING CONTRACT.
Welcome to the Spark9, jointly operated by SKY LASER ENTERPRISES SDN. BHD. and WI ECOSYS PTE. LTD. (with its affiliates, “Spark9”) consisting of the user-generated content, video-sharing and live-streaming website available at www.spark9asia.com and its network of websites, software applications, or any other products or services offered by Spark9 (“Spark9 Services”). Other services provided by Spark9 may be subject to separate terms.
By creating a Spark9 account or using Spark9 Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use Spark9 Services.
You shall be deemed to have agreed to all of the various terms in these Terms of Service due to your access to or continuing use of Spark9 Services. If you do not understand these Terms of Service, you should seek legal opinions before agreeing to any of the Terms of Service.
You understand and acknowledge that when using Spark9 Services, you will be exposed to content from various sources and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content.
You further understand and acknowledge that you may be exposed to inaccurate content, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Spark9 Services with respect thereto, and agree to indemnify and hold the Spark9 Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns, harmless to the fullest extent allowed by law regarding all matters related to your use of Spark9 Services.
Ability To Accept Terms Of Service
YOU AFFIRM THAT YOU ARE AT LEAST 16 YEARS OF AGE, EXCEPT IN CONDITIONS THAT YOU USE OUR LIVE STREAMING SERVICE, AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES OUTLINED IN THESE TERMS OF SERVICE, AND TO ABIDE BY AND COMPLY WITH THESE TERMS OF SERVICE. IF YOU ARE UNDER 16, YOU MAY ONLY USE SPARK9 SERVICES UNDER THE SUPERVISION OF A PARENT OR LEGAL GUARDIAN WHO AGREES TO BE BOUND BY THESE TERMS OF SERVICE.
YOU MAY ONLY USE OUR LIVE STREAMING SERVICE IF YOU ARE 18 YEARS OR OLDER AND IF YOU ARE NOT SUBJECT TO THE STATUTORY AGE LIMIT TO ENTER INTO THIS AGREEMENT ACCORDING TO THE APPLICABLE LAWS AND REGULATIONS IN YOUR COUNTRY.
Paid Services
Some of the Spark9 Services provided require payment (“Paid Services”), such as the digital content used for exercising privileges, subscription services, etc. When you use such Paid Services, you will be required to pay the relevant charges to us. We will notify you in advance in the event any Spark9 Services that you use following these Terms of Service are Paid Services. Access to Paid Services is conditional upon you confirming your agreement to and paying the relevant charges for such Paid Services. To avoid doubt, we shall only be obligated to provide you with Paid Services if you pay the charges.
Paid Services can be purchased by credit cards and, when available, by debit cards or other online payment solutions and are processed through our third-party Internet payment service providers. By purchasing any Paid Services through Spark9 Services, you hereby consent and agree to abide by such third-party Internet payment service providers’ customer terms and conditions and privacy policies and understand that we have no control whatsoever over such customer terms and conditions and privacy policies. We will not be liable for any errors attributed by such third-party Internet payment service providers. IF YOU CANNOT AGREE to such third-party Internet payment service providers’ customer terms and conditions or privacy policies, DO NOT PURCHASE ANY SERVICE. All purchases are payable in advance. We offer different products, services, and packages from which you can choose. We reserve the right to change service prices at any time, at our sole discretion and without liability. Any purchased Paid Service will not be available in your account if you delete your account or otherwise terminate it in accordance with these Terms of Service.
PAYMENTS ARE NONREFUNDABLE, EVEN IF PAID SERVICES ARE PARTIALLY USED. However, at our sole discretion, we reserve the right (but not the obligation) to refund the purchased amount arising from a technical error.
Other Additional Terms, such as the Spark9 Purchase and Subscription Terms that govern your online merchandise purchases or digital currency and subscriptions, may apply. 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.
User Generated Content
We encourage users to upload and distribute pictures and streaming live and pre-recorded audio-visual works, to use Spark9 Services, such as pictures or videos integration, chat, bulletin boards, voice interactive services, and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code or other data or materials on Spark9 Services (“User Generated Content/UGC”).
Unless otherwise agreed in writing by you and Spark9, by an authorised representative of Spark9, by broadcasting, publishing, posting, displaying, submitting and uploading any of its UGC in connection with Spark9 Services, you grant to Spark9 and its sub-licensees the permission, free, permanent, irrevocable, non-exclusive and fully sub-licensable rights and license, without any territorial or time limitations and without requiring any approvals and compensations, to use, copy, modify, adapt, publish, translate, edit, dispose, create derivate works of, distribute, perform and publicly display such UGC (in whole or in part), and incorporate such UGC into existing or future forms of work, media or technology.
Concerning pictures and streaming live and pre-recorded audio-visual works, the rights granted by you terminate once you delete such UGC from Spark9 Services or generally by deregistering your account, except (a) we used it for promotional purposes and (b) for reasonable time it takes to remove from backup and other systems.
You, not us, shall be solely responsible for your UGC, including its legality, reliability, accuracy and appropriateness, and the consequences of streaming, posting, uploading, publishing, transmitting or otherwise making available your UGC on Spark9 Services. We are not responsible or liable to any third party for the content or accuracy of any UGC made available by you or any other user of Spark9 Services. We do not control the UGC you provide or contribute to, and we do not make any guarantee whatsoever related to the UGC submitted or contributed by users. Although we sometimes review UGC provided or contributed by users, we are not obligated to do so. Under no circumstances will we be liable or responsible in any way for any claim related to UGC provided or contributed by users.
You further agree that the UGC you provide to Spark9 Services will not contain third-party copyrighted material or material that is subject to other third-party proprietary rights unless you have permission from the rightful owner of the material or you are otherwise legally entitled to provide the material and to grant to Spark9 Services all of the license rights granted herein.
Spark9 Services does not endorse any UGC on it by any user or other licensor or any opinion, recommendation, or advice expressed therein, and Spark9 Services expressly disclaims any liability in connection with UGC.
Idea Submission
By submitting ideas, suggestions, documents, and proposals (“Submissions”) to Spark9 or Spark9 Services or its employees, you acknowledge and agree that Spark9 or Spark9 Services shall be entitled to use or disclose such Submissions for any purpose in any way without providing compensation or credit to you.
Spark9 Account And Security
Suppose you interact with us or third-party service providers and provide information, including account or payment information; you agree that all information you provide will be accurate, complete, and current. You will review all policies and agreements applicable to third-party services. If you use Spark9 Services over mobile devices, you understand and acknowledge that your carrier’s standard rates and fees, such as access broadband, will still apply.
To open an account, you will be asked to provide us with information such as a mobile number and password.
You are solely responsible for maintaining the confidentiality of your account and password, restricting access to your mobile phone and all activities under your account or password. You acknowledge that your account is personal to you and agree not to provide any other person with access to Spark9 Services or portions of it using your username, password or other security information. You should notify us immediately of unauthorised access to or use of your username, password, or any other security breach. Although Spark9 Services will not be liable for your losses caused by any unauthorised use of your account, you may be liable for the losses of Spark9 Services or others due to such unauthorised use.
We have the right to disable or suspend any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
Concerning the Beans, it is a form of digital content to measure a user’s receipt of gifts over Spark9 Services, though it may be cashed out to the bank account provided by you via a third-party payment intermediary, we may determine to have your Beans balance on hold if you fail to log on to your Spark9 account for 120 consecutive days, in which case you agree to waive all your rights and interests arising from or concerning the Beans you have previously received. You acknowledge and agree that to optimise Spark9 Services or anti-fraud actions; we may collect and store the transaction data of your paid purchases. To see more details, please refer to our Privacy Policy.
Spark9 Services may allow you to access content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), API or otherwise to third parties’ websites (such as YouTube, Twitter, Instagram, etc.). Before using the Sites, you are cautioned to read such websites’ terms and conditions and privacy policies. In particular, Spark9’s YouTube integration uses the YouTube API Services, and such use is subject to Google’s Privacy Policy (http://www.google.com/policies/privacy ). Using Spark9 YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms ).
You acknowledge that Spark9 has no control over such third parties’ websites, does not monitor such websites, and shall not be responsible or liable to anyone for such websites or any content, products or services made available on or through such websites.
Spark9 Services may permit you to register for and log on to Spark9 Services via certain third-party services (such as YouTube, Google, Twitter, Instagram, etc.). The third party’s collection, use and disclosure of your information will be subject to that third-party service’s privacy policy. You can manage and revoke Spark9 YouTube integration’s access to your data via the Google security settings page at https://security.google.com/settings/security/permissions.
Further information about how we collect, use and disclose your personal information when you link your Spark9 account with your account on any third-party service can be found in our Privacy Policy.
You may also delete your account through Settings > Account > Delete Account in the app or click “Delete Account” on https://spark9asia.com. If you need help deleting your account, please get in touch with feedback@spark9asia.com for further assistance and guidance. Please note that once deleted, your account cannot be restored, nor can the content or information within be retrieved. To learn more about your right to delete your personal information, please refer to our Privacy Policy.
Respecting Copyright
Spark9 respects the intellectual property of others and follows the requirements outlined in the relevant applicable laws. If you are a copyright owner or agent thereof and believe that content posted on Spark9 Services infringes upon your copyright, please submit a notice to us.
Trademark And License
We, Spark9 and our associated logos and names are our trademarks and service marks. Other trademarks, service marks, names and logos used on or through Spark9 Services, such as trademarks, service marks, names or logos associated with third-party content creators, are their respective owners’ trademarks, service marks or logos. You are granted no right or license concerning any of the trademarks mentioned above, service marks or logos.
The websites and certain materials available on or through Spark9 Services are content we own, created, authored, purchased, or licensed (collectively, our “Works”). Our Works may be protected by copyright, trademark, patent, trade secret and other laws, and we reserve and retain all rights in our Works and Spark9 Services.
Unless otherwise expressly stated in writing by Spark9 Services, by agreeing to these Terms of Service, you are granted a limited, revocable, non-sublicensable, and non-exclusive license (i.e. a personal and limited right) to access and use the Spark9 Services for your personal use or internal business use only. You are prohibited from copying, displaying, downloading, modifying, reproducing, adapting, translating, decompiling, reverse engineering, disassembling, attempting to derive source code from, or creating any derivative works of any Works, or directly or indirectly publishing, performing, rewriting or republishing any Works without prior written consent from us.
The above-described license is conditioned on your compliance with these Terms of Service. If you breach any provision of these Terms of Service, any license you have obtained will be automatically rescinded and terminated. To protect our rights, some content made available on Spark9 Services may be controlled by digital rights management technologies, restricting how you use Spark9 Services. You must not circumvent, remove, delete, disable, alter or otherwise interfere with any digital rights management technology.
Prohibited Conduct
You agree only to use Spark9 Services for the lawful purposes expressly permitted and contemplated by these Terms of Service. You acknowledge and understand that you are prohibited from modifying Spark9 Services or eliminating any of the content of Spark9 Services. You agree that you will not use or attempt to use any method, device, software or technology to harm others, interfere with the functioning of Spark9 Services, or use and monitor any information in or related to Spark9 Services for any unauthorised purpose.
Content Review, Action And Termination
To maintain our services in a manner we deem appropriate and to the maximum extent permitted by applicable laws, Spark9 Services may, but will not have any obligation to, review, monitor, display, reject, refuse to post, store, maintain, accept or remove any UGC posted by you. We may, in our sole discretion, delete, move, re-format, remove or refuse to post or otherwise make use of UGC without notice or any liability to you or any third party in connection with our operation of Spark9 Services in an appropriate manner. Without limitation, we may do so to address UGC that comes to our attention that we believe is offensive, obscene, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate or to enforce the rights of third parties or these Terms of Service or any applicable additional terms.
Without limiting the preceding, we may terminate or suspend your access to all or part of Spark9 Services for any or no reason, including, without limitation, any violation of these Terms of Service. We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing any UGC on or through Spark9 Services.
However, we do not undertake to review UGC before it is posted on Spark9 Services, and we cannot ensure the prompt removal of objectionable UGC after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or UGC provided by any user or third party.
Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Spark9 Services, their site operator, their parent corporation, their respective affiliates, licensors, service providers, officers, directors, employees, agents, successors and assigns from and against any claims, damages, judgments, awards, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to Spark9 Services;
- your violation of any term of these Terms of Service;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
- any claim that your UGC caused damage to a third party.
This defence and indemnification obligation will survive these Terms of Service and your use of Spark9 Services. You agree that we shall have the sole right and responsibility to control the legal defence against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Disclaimers
You use Spark9 Services at your sole risk. We provide Spark9 Services “as is” and “as available”. To the fullest extent permitted by law, Spark9 Services, their site operator and their respective officers, directors, employees, and agents expressly disclaim all warranties of any kind related to Spark9 Services and goods or services purchased and obtained through Spark9 Services, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You will be solely responsible for any damage to your computer system or data loss resulting from your use of Spark9 Services.
We make no warranty or representation about the accuracy or completeness of Spark9 Services’ content or the content of any sites linked to Spark9 Services or that Spark9 Services will meet your requirements and assume no liability or responsibility for any:
- errors, mistakes, or inaccuracies of content;
- personal injury or property damage of any nature whatsoever resulting from your access to and use of the websites or our services;
- any unauthorised access to or use of our servers and any personal information stored therein;
- any bugs, viruses, trojan horses, or the like which may be transmitted to or through Spark9 Services or our services by any third party;
- any errors or omissions in any UGC or for any loss or damage of any kind incurred as a result of the use of any UGC posted, emailed, transmitted, or otherwise made available via Spark9 Services or our services; and
- disputes between you and another user of Spark9 Services.
Limitation Of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPARK9’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE CHARGES (IF ANY) PAID BY YOU. IF NO AMOUNTS WERE PAID, YOU SHALL NOT BE ENTITLED TO ANY MONETARY OR EQUIVALENT REMEDY.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, SERVICE INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER ECONOMIC LOSS) IN ASSOCIATION WITH ANY INDIVIDUAL OR CLASS-ACTION CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS OF SERVICE, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS.
YOU SPECIFICALLY ACKNOWLEDGE THAT SPARK9 SERVICES SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE PRECEDING RESTS ENTIRELY WITH YOU.
THE PRECEDING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE PRECEDING LIABILITY LIMITATIONS.
Choice Of Law And Disputes Resolution
These Terms of Service shall be governed by and construed following the laws of the Republic of Singapore, without regard to choice of law principles. Should a dispute arise between the parties in connection with these Terms of Service, the parties shall attempt to resolve such dispute through friendly consultations between themselves. If, however, the dispute cannot be resolved within thirty (30) days after the commencement of such friendly consultations, then such dispute shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre by the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of the arbitration shall be Singapore. The arbitration shall be in English. To make a request, please go here.
Modification
Spark9 may amend any terms of these Terms of Service by posting the terms. We will also update the “Last Updated” date at the top of these Terms of Service, which reflects the effective date of such Terms of Service. Your continued access to or use of Spark9 Services after the date of the updated term of use constitutes your acceptance of the updated Terms of Service. If you disagree with the revised Terms of Service, stop accessing or using Spark9 Services.
Miscellaneous
If we fail to exercise or enforce any right or provision of these Terms of Service, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Service will be effective only if in writing and signed by the relevant party.
Suppose any provision of these Terms of Service is held to be unlawful, void, or unenforceable; that provision will be limited or eliminated from these Terms of Service to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms of Service and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Spark9 without restriction. Any assignment attempted to be made in violation of these Terms of Service shall be void.
Upon termination of these Terms of Service, any provision which, by its nature or express terms, will survive such termination or expiration.
The Terms of Service, our Privacy Policy and any documents that expressly incorporate by reference constitute the sole and entire agreement between you and us concerning Spark9 Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, concerning Spark9 Services.
The headings in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service may be provided in different languages; if any inconsistency exists between various language versions, the English version shall prevail.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
We may terminate these Terms of Service for any or no reason at any time by notifying you through a notice on Spark9 Services, by email, or by any other method of communication. Any such termination will be without prejudice to our rights, remedies, claims, or defences hereunder. Upon termination of the Terms of Service, you will no longer have a right to access your account or your UGC. We will not have any obligation to assist you in migrating your data or your UGC, and we may not keep any backup of any of your UGC. We will not be responsible for deleting your UGC. Note that even if your UGC is deleted from our active servers, it may remain in our archives (but we have no obligation to archive or back up your UGC) and is subject to the licenses outlined in these Terms of Service.
The Spark9 Services is a jointly venture between SKY LASER ENTERPRISES SDN. BHD. and WI ECOSYS PTE. LTD.
If you have any feedback, comments, or requests for technical support relating to the Spark9 Services, please send them to feedback@spark9asia.com
