1. Acceptance of Terms
BMD Publishing (“Company”) provides the Spark application (“Application”) subject to your compliance with the terms and conditions set forth in this End User License Agreement (“EULA”). By downloading, installing, or using the Application, you agree to be bound by this EULA. If you do not agree to the terms of this EULA, do not install or use the Application.
2. License
Subject to the terms of this EULA, the Company grants you a non-transferable, non-exclusive, license to download, install, and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”).
3. Restrictions
You may not:
(a) Copy, modify, or distribute the Application for any purpose;
(b) Transfer, sublicense, lease, lend, rent, or otherwise distribute the Application to any third party;
(c) Decompile, reverse-engineer, disassemble, or create derivative works of the Application;
(d) Make the functionality of the Application available to multiple users through any means.
4. Content
You are responsible for the content that you post within the Application. Your content must not infringe or violate the rights of any third party or violate any laws.
5. Updates and Upgrades
The Company reserves the right to add or remove features or functions to the Application, or to provide programming fixes, updates, and upgrades, without notice to you.
6. Termination
The Company may terminate this EULA immediately and without notice if you fail to comply with any of the terms and conditions of this EULA.
7. Disclaimer of Warranties
The Application is provided “as is” and the Company disclaims any and all warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose.
8. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will the Company be liable for any direct, indirect, special, incidental, consequential, or punitive damages arising out of the use or inability to use the Application, even if advised of the possibility of such damages.
9. Governing Law
This EULA is governed by the laws of the jurisdiction where the Company is located, without regard to its conflict of law provisions.
10. Changes to Terms of Use
The Company reserves the right to modify this EULA at any time, and such modifications will be effective immediately upon posting of the modified EULA.
11. Contact Information
If you have any questions about this EULA, please contact the Company at:
BMD Publishing
Taylor’s Ln,
The Liberties,
Dublin 8,
Ireland,
D08 YPP9
