Terms of Service

Last updated April 20, 2023

Welcome to this website provided to you by OCIA Spark. Before accessing and/or using this website, the related services or accessing any related websites, etc. (the website, any tools and/or related software, services, platforms, and related websites hereinafter referred to as the “website”), please read this agreement carefully. Please note that by accessing and using the website you agree to abide by these terms of use and a legally binding agreement is created between OCIA Spark and you. If you are an user based in the United States certain provisions of the agreement specifically applies to you, for example sections 20 and 21, under which you agree to arbitrate certain claims instead of going to court and agree not to bring class actions claims. If you do not agree to these terms of use, please do not access nor use the website.

Acceptance

This document (hereinafter referred to as “Terms of Use” or “Agreement”) is a legal agreement between You (“You” or “User”) and OCIA Spark, a UK corporation, with registered and business offices at OCIA Spark Ltd, Calverton House, 1 Keller Close, Milton Keynes, MK11 3LL, United Kingdom (hereafter “OCIA Spark”), and governs Your use of the Website (as defined above).

Please note that by accessing and or using the website you agree to abide by and be bound by these terms of use ocia spark owns or controls all intellectual property rights in and to the website and permits you to access and use the websiteonly in accordance with the terms herein your use of the website constitutes your acceptance of these terms of use if you do not agree to the terms herein please do not access or use the website

The Website and Purpose

The Website contains information about OCIA SPARK, its projects, games and team etc. and the purpose of the Website is to provide You with corporate information, information and news regarding our games, products, services, projects, job openings, or any other information. The Website may provide you information about OCIA SPARK’s or a third party’s games, products or services, including promotions, advertisements, product placements or marketing materials within the Website. You acknowledge that OCIA SPARK does not endorse any of products or services advertised, promoted, or marketed by third parties.

Access to the Website

To access and use the Website You must be 13 years or older. This Website is not intended for children under the age of 13. Children under the age of 13 may not access nor use the Website. If You are at least 13 years old but under 18 years of age you need parental consent to access and use the Website. Any registration by, use of or access to the Website by anyone under 13, or by anyone who is under 18 acting without parental consent, is unauthorized, unlicensed and in violation of these Terms of Use.

Privacy Policy

For more information regarding how OCIA SPARK handles the information You transmit to OCIA SPARK through the Website, please visit our Privacy Policy. Your use and access of the Website constitutes Your acceptance of the Privacy Policy.

Changes to the Website and its Content

OCIA SPARK reserves the right to change, add to, modify, or delete the Website, any related services or products, and any information on the Website at any time. OCIA SPARK makes no representations or warranties as to the completeness or accuracy of the information on the Website nor does OCIA SPARK represent or warrant that the Website and its services or information will be available at all times or at any time. The information contained in the Website may be incomplete, contain errors, or become out of date at any time. OCIA SPARK makes no commitment and expressly disclaims any duty to update any of the content on the Website. The Website is provided to You on an “as is” basis without any express warranties.

The Website may contain advertising and links to other websites, games, products or services etc. OCIA SPARK does not review or evaluate any adverts or games, websites, products and/or services etc. linked to in the Website and is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the adverts, content on these websites and/or services etc. nor is OCIA SPARK responsible for the advertising, products, or other materials that may appear in or are offered by such adverts, websites, or services etc. You should carefully review the adverts and respective conditions of use for each of the websites or services etc. Under no circumstances shall OCIA SPARK be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any advertising, content, products, goods, or services etc. available on such websites, services, platforms etc.

Indemnification

Your access to and/or use of the Website constitutes your agreement to defend, indemnify, and hold harmless OCIA SPARK, its parents and affiliates, licensors and partners, service providers and their respective members, employees, contractors, officers, and directors, from and against any actions, claims, demands, liability and expenses, including reasonable attorneys’ fees, arising out of your use or misuse of the Website including related services by a third party.

Termination

These terms of use are effective until amended by ocia spark in its sole discretion ocia spark may change suspend or discontinue all or any aspect of the website at any time for any reason without prior notice or liability including without limitation the availability of the website content or feature without prior notice or liability ocia spark may cease to provide the website or any or all of the products services content and information offered in connection with the website terminate these terms of use and cancel all of the rights granted to you hereunder at any time for any reason without prior notice or liability ocia spark may but is not obligated to communicate such cessation or termination to you in any of the following manners i in a notice on the website ii via electronic mail iii in these terms of use or iv in another manner that ocia spark deem suitable to inform you of the termination if ocia spark terminates or ceases its operation of the website you will not receive a refund of any paid fees in the event of any termination hereunder sections 1 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 and 26 of these terms of use will survive termination

Disclaimers and Limitations of Liability

The website is provided by ocia spark on an as is and as available basis to the fullest extent permissible by applicable law ocia spark disclaims all warranties whether express or implied including but not limited to the warranties of merchantability fitness for a particular purpose and non infringement Without limiting the foregoing ocia spark makes no representation or warranty of any kind express or implied i as to the website or the information content materials etc included therein ii that the website will be functioning continuously uninterrupted securely or error free iii as to the accuracy reliability or currency of any information content products and services provided or iv that the website servers platforms or e mails sent from or on behalf of ocia spark are free of viruses scripts trojan horses worms or other harmful components although ocia spark provide rules for user conduct and postings ocia spark does not control and is not responsible for what users post upload transmit or share on or in connection to the website and is not responsible for any harmful offensive inappropriate obscene unlawful or otherwise objectionable content you may encounter on or in connection to the website or in connection with any third party websites applications software or content ocia spark is not responsible for the conduct whether online or offline of any user of the website The operation and functions of the website may be interfered with by numerous factors outside the control of ocia spark and to the maximum extent permitted by applicable law under no circumstances shall ocia spark its parents affiliates licensees licensors partners and or platform service providers collectively ocia spark for purposes of this section 9 and section 10 below be liable for any damages that result from the use of or inability to use or access the website including but not limited to reliance by you on any information or content obtained from the website or otherwise from ocia spark or that result from mistakes omissions interruptions deletion of files or email blogs chats errors defects viruses delays in operation or transmission or any failure of performance whether or not resulting from acts of god communications failure theft destruction or unauthorized access to ocia spark records servers programs or website etc you hereby acknowledge that this paragraph shall apply to all content information products and services available in or in relation to the website to the maximum extent permitted by applicable law under no circumstances shall ocia spark be liable for any indirect incidental special or consequential damages arising from the use of or access to the website or the purchase or partaking of any content information product or service therein even if you have been advised of the possibility of such damages to the maximum extent permitted by applicable law ocia spark entire liability under any provision of these terms of use will be limited to the amount of 50 u s dollars

Special Disclaimer

Without limiting the foregoing to the maximum extent permissible by applicable law you expressly agree that ocia spark shall have no liability whatsoever for the performance of the website or any content information browser addons applications products and or services you have use in or in connection with the website To the maximum extent permitted by applicable law you expressly acknowledge and agree that the use of the website and any products services content browser addons applications and or information you use in or in connection with the website are at your sole risk and that the entire risk as to satisfactory quality performance accuracy and effort is with you to the maximum extent permitted by applicable law the website and its content information products and services are provided as is with all faults and without warranty of any kind and ocia spark hereby disclaims all warranties and conditions with respect to the website and its content and information as well as any browser addons applications products and services you use in or in connection with the website either express implied or statutory including but not limited to the implied warranties and or conditions of merchantability of satisfactory quality of fitness for a particular purpose of accuracy of quiet enjoyment and non infringement of third party rights ocia spark does not warrant against interference with your enjoyment of the website or content information browser addons applications products and services you use in or in connection with the website that the functions contained therein will meet your requirements that the operation of the website will be continuous uninterrupted secure virus free or error free or that defects in the website content information or products and services you partake of oruse in or in connection with the website will be corrected to the maximum extent permitted by applicable law no oral or written information or advice given by ocia spark or an ocia spark authorized representative shall create a warranty Ocia spark does not warrant endorse guarantee or assume responsibility for any product or service advertised or offered by a third party through or in relation to the website or any hyperlinked website or feature in any banner or other advertising and ocia spark will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services To the maximum extent permitted by applicable law in no event shall ocia spark be liable for any special incidental indirect or consequential damages whatsoever including without limitation damages for loss of profits interruption loss of information or any other pecuniary loss however arising including without limitation negligence arising out of the possession of use of or inability to use the website content iformation and or products and services you have purchased or use in or in connection with the website or defect in or caused by the website information content products and services you have purchased or use in or in connection with the website including but not limited to compromising the security of your computer operating system or files or the provision of or failure to provide support even if you have been advised of the possibility of such damages to the maximum extent permitted by applicable law ocia spark entire liability under any provision of these terms of use shall be limited to the amount of 50 u s dollars

Seizure Warning

In rare instances, some users may experience seizures when exposed to certain light patterns or flashing lights on the website and/or advertising related to the Website. Exposure to certain light patterns or backgrounds on a video monitor or equipment used to render the Website may induce an epileptic seizure even in persons who have no history of prior seizures or epilepsy. OCIA SPARK takes no responsibility for such effects on the Website and advertising related to the Website and end results thereof and You are accessing and using the Website and seeing the advertising on Your own risk.

Trademarks Logotypes and Website Names

The names, logos, characters, brands and product and service names appearing on or in relation to the Website and related services are trademarks/service marks or registered trademarks/service marks of OCIA SPARK or third parties (the respective holders). The use of any such trademark or service mark without express written consent of the respective holder is strictly prohibited.

Intellectual Property Rights

You acknowledge and agree that all content, design elements, and materials available on or in relation to the Website, for example graphics, logos, trademarks, designs, objects, environments, icons, scripts and service names (“OCIA SPARK Content”) are owned by OCIA SPARK and/or its partners and licensors and protected by copyrights, trademarks, patents, trade secrets, and/or other proprietary rights of OCIA SPARK and/or its partners and licensors. OCIA SPARK and its partners and licensors retain all right, title and interest in and to the OCIA SPARK Content. You may not use, copy, reproduce, modify, republish, upload, post, transmit or distribute any OCIA SPARK Content in any form or for any means, unless expressly permitted in these Terms of Use. OCIA SPARK’ trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of OCIA SPARK. In addition, you may not sell, license, rent, perform, display, create derivative works from, or in any way use or exploit OCIA SPARK Content in any way unless expressly permitted by these Terms of Use. You agree not to disassemble, decompile or reverse engineer any software or other component of the Website or OCIA SPARK Content. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to assert against OCIA SPARK any claim, action or proceeding for infringement of any patents, patent rights or other intellectual property rights.
Except for as otherwise stated in these Terms of Use, You hereby irrevocably, and without additional consideration beyond the rights granted to You herein, assigns to OCIA SPARK any and all right, title and interest that You may have, including copyrights, in or to any and all information, user exchanges, transmits or uploads while accessing or using the Website, including without limitation all files, data and information. The assigned rights include the right to lease and assign the rights and make changes to the information and materials etc. To the extent that any such rights are not assignable, You hereby grant OCIA SPARK an exclusive, perpetual, worldwide, irrevocable, assignable, royalty-free, paid in full license, fully sub-licensable through multiple tiers, to exercise all intellectual property and other rights, in and to all or any part of such information and materials, in any medium now known or hereafter devised.

User Guidelines

The Website may have forums, bulletin boards, user comments etc. or other ways where You and/or other users may post their opinions, comments, or other content. In order for you to post messages or any kind of content on such forums, bulletin boards etc., You must comply with all guidelines and requirements as may be notified to you by OCIA SPARK from time to time OCIA SPARK may, in its sole discretion, delete, remove or otherwise disable access to or hide any information, material, message or other content You post on or in connection with the Website, if OCIA SPARK believes that your post or input violates these Terms of Use, the Privacy Policy, our policies and guidelines.

Game Pitch Policy

  1. Through the Website, You may at your sole discretion submit to OCIA SPARK your ideas and plans for games (a “Game Pitch”). The purpose of a Game Pitch is for OCIA SPARK to review the contents of your Game Pitch to determine if OCIA SPARK, in its sole discretion, wishes to contact You for the sole purpose of discussing a potential investment agreement between You and OCIA SPARK with regards to the pitched game. OCIA SPARK maintains this Game Pitch Policy in order to clarify the contents of a Game Pitch, undertake certain confidentiality obligations and to avoid potential future misunderstandings if new games, products or services developed for, by or in connection with OCIA SPARK might seem similar to ideas, concepts or games that you have submitted to OCIA SPARK.
  2. A Game Pitch may contain the following information for OCIA SPARK to review it (“Game Pitch Materials”):
    • An “elevator pitch” – a short but descriptive pitch of your game in less than 50 words;
    • A playable prototype of your game;
    • A motivation as to why your game should receive funding and aligns with OCIA SPARK goals and ideas;
    • A document detailing the development so far, and a timeline of development until launch, including budget estimations;
    • A document detailing the key personnel of the team and existing or potential publisher, investors or other involved third parties;
    • Target market as well as a business and marketing plan; and
    • Your name, address, email address, phone number, and if applicable company name and any other detail necessary for OCIA SPARK to complete its reviewing process and potentially contact you.
  3. By submitting Your Game Pitch to OCIA SPARK, You warrant that your Game Pitch and any materials it contains does not: I. infringe on OCIA SPARK’ or any third party’s intellectual property rights or other proprietary information such as trade secrets; II. contain any viruses, trojans, worms or other malicious or damaging software; and III. contain any content that is or can be construed to be sexually explicit, unlawful, harmful, threatening, harassing, abusive, defamatory, obscene, vulgar, hateful, or otherwise objectionable on grounds of race, ethnicity, religion, gender or general good taste as decided in OCIA SPARK’ sole discretion.
  4. OCIA SPARK will make reasonable efforts to maintain the confidentiality of any materials reasonably understood to be proprietary and that are contained in Game Pitch submitted to OCIA SPARK. However, OCIA SPARK receives many Game Pitches and by submitting your Game Pitch to OCIA SPARK you acknowledge and agree that there may be games that are being made or already have been made that are identical or similar to your Game Pitch, and thus You are not entitled to claim ownership to any other pitch material or any game developed independently of your submitted Game Pitch. By submitting your Game Pitch to OCIA SPARK you hereby abstain from making any claims against OCIA SPARK except for verifiable breaches of non-disclosure commitments contained in this section 15.
  5. Any personal data submitted to and/or collected by OCIA SPARK in connection with the Game Pitch will be handled according to OCIA SPARK’ Privacy Policy. Your use of and access to the Website as well as your submission of a Game Pitch constitutes your agreement to abide by and be bound by these terms and the terms of OCIA SPARK’ Privacy Policy.
  6. By submitting a Game Pitch, you are not submitting it for sale to OCIA SPARK and OCIA SPARK review of the Game Pitch is not conditioned on any kind of payment or other obligation to You whatsoever. Other than stated herein, OCIA SPARK will not have any obligations whatsoever concerning your Game Pitch, including but not limited to reviewing it, providing you with an answer, or any obligations to return any materials. OCIA SPARK may destroy or discard any Game Pitch materials in its sole discretion.

Prohibited Use

You agree to abide by all applicable laws and regulations when accessing or using the Website. Your continued access to the Website and right to use the Website is subject to proper conduct. Without limiting OCIA SPARK’ rights to control the Website’s environment, and the conduct of the Users within that environment, OCIA SPARK prohibits the following practices that OCIA SPARK has determined detract from the overall user experience and you are strictly prohibited from:

  1. Taking any action that imposes an unreasonable or disproportionately large load on the Servers or systems of the Website;
  2. Use of your own or third-party software to modify any content appearing on or within the Website, its environment or change how the Website is displayed or its services used for other users;
  3. Disrespecting the rights of others and their rights to access and or use the Website;
  4. You may not harvest or collect email addresses or other contact information of other users from the Website by electronic or other means, for example for the purposes of sending unsolicited emails or other unsolicited communications;
  5. You may not impersonate OCIA SPARK or any of its employees, consultants, partners etc;
  6. You may not impersonate another person, misrepresenting your affiliation with an entity or person, hiding or attempting to hide your identity or otherwise conducting fraud;
  7. You may not violate or encourage others to violate any local, state, national, or international laws or regulations;
  8. You may not modify any part of the Website, or Clients, Servers etc, other than expressly permitted in this Agreement;
  9. You will not disobey or ignore the instructions of authorized personnel in or related to the Website;
  10. You may not provide false information or intentionally hide any information when submitting a Game Pitch through the Website or otherwise communicating with OCIA SPARK on or in connection with the Website;
  11. You will not attempt to interfere with, hack into, or decipher any transmissions to or from the servers or platforms running the Website;
  12. Using OCIA SPARK’ copyrights or trademarks or any confusingly similar marks;
  13. Uploading invalid data, viruses, worms, or other software agents to the Website or its servers and platforms;
  14. Otherwise use the Website in any manner that breaches these Terms of Use or the Privacy Policy.

Communication and Feedback

OCIA SPARK may from time to time contact you by any appropriate information channel to keep you up to date with news about for example the Website, new products and services, promotions, faults, issues relating to technical aspects and/or the usability of the Website, payment methods etc. OCIA SPARK may occasionally ask you to provide information on your experiences of using the Website etc. which will be used to improve the quality and provision of the Website etc. You are not required to provide any ideas, feedback or suggestions (collectively, “Website Feedback”) to OCIA SPARK. Any and all information which is submitted by you is submitted voluntarily. To the extent you do provide any Website Feedback to OCIA SPARK, you agree to assign and hereby do assign and/or exclusively licenses all right, title and interest in and to such Website Feedback to OCIA SPARK and acknowledge that OCIA SPARK may freely use, reproduce, modify, distribute, make, have made, sell, offer for sale, import and otherwise exploit in any manner such Website Feedback without payment of any royalties or other consideration to you. You can stop the delivery of promotional messages from OCIA SPARK by following the specific instructions in promotional messages or by our customer support at [email protected]. These communication choices do not apply to mandatory service communications that are considered part of the Website. which you may receive periodically.

Electronic Communications

When you use the Website or send e-mails to us, you are communicating with us electronically. You consent to receiving communications from us electronically and communicate with us electronically. We will communicate with you by e-mail or by posting notices on the Website or by any other means OCIA SPARK finds suitable. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically (whether by email, posting notice in the Website or otherwise) satisfy any legal requirement that such communications be in writing.

Disputes

Our goal is to resolve disputes fairly and quickly for all disputes against ocia spark you agree to first contact ocia spark and try to resolve the dispute informally by sending a written notice of the claim notice to ocia spark the notice to ocia spark must be sent via registered letter to the address listed in section 20 below or by email with confirmation of receipt the notice must a include your name your residential address and e mail address and or mobile phone number associated with your account b describe the type and reason for the claim and c specify the specific compensation sought if you and ocia spark cannot agree on a solution to the dispute within 60 days of receiving such a notice either party may initiate legal proceedings in accordance with sections 20 23

Arbitration

If you are located within the United States of America, the following applies to you: Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than $10,000 shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in these Terms of Use shall prevent either party from seeking remedies in small claims court of competent jurisdiction.

The right to refrain from arbitration. You may choose to waive this arbitration term. Then neither you nor OCIA SPARK can demand that the other party take part in arbitration proceedings. In order to refrain, you must inform OCIA SPARK in writing about this within 30 days of learning of or obtaining notice of this Arbitration section. You must provide Your name and address and a clear wording that you want to waive the arbitration terms. All requests to refrain from arbitration must be sent to: OCIA Spark Ltd, Calverton House, 1 Keller Close, Milton Keynes, MK11 3LL, United Kingdom and marked “Waiver of Arbitration”. If you do not waive this arbitration section it will continue to apply to you.

Class Action Waiver

You agree that any claims subject to arbitration under section 20 must be made in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding

Claims

You and ocia spark agree that any cause of action arising out of or related to these terms of use must commence within one 1 year after the cause of action accrues otherwise such cause of action is permanently barred

Governing Law

(a) If you are located outside of the United States of America this Agreement shall be governed by and construed in accordance with the laws of Sweden, without giving effect to any principles of conflicts of law, and the parties hereby consent to the sole and exclusive jurisdiction of the courts of the United Kingdom, with the district court of xxxMKCourtxxx as first venue, to resolve any disputes arising out of or relating to this Agreement. (b) If you are located within the United States of America, and unless otherwise required by a mandatory law of any jurisdiction, this Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You agree that any action arising out of or relating to these Terms of Use that is not subject to mandatory arbitration as set forth above in section 26 shall be filed only in the state or federal courts in and for New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. (c) Notwithstanding anything to the contrary, OCIA SPARK may apply to any court of competent jurisdiction for injunctive or other equitable relief.

Severability

If for any reason any provision of these Terms of Service shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective only to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

Modification

OCIA SPARK reserves the right, at its discretion, to update or revise these Terms of Use at any time. OCIA SPARK will post such changes on the Website and any additional or revised terms will become part of the Terms of Use. Please check these Terms of Use periodically for changes. Your continued use of and access to the Website constitutes your binding acceptance of these Terms of Use, including any changes or modifications made by OCIA SPARK as permitted above.

Entire Agreement Assignment

These Terms of Use constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. OCIA SPARK may assign its rights under the Terms of Use without notice to You. You may not assign Your rights under the Terms of Use.

Disclosure

The Website and related products and services hereunder are offered by OCIA Spark, a UK corporation, with registered and business offices at OCIA Spark Ltd, Calverton House, 1 Keller Close, Milton Keynes, MK11 3LL, United Kingdom. If you have questions or concerns about these Terms of Use, contact us at: Email: [email protected]