Thank you for choosing NewSpark’s Media Manager. These Terms and Conditions ("Agreement") govern your access to and use of our services, including our website and software applications (collectively, the "Services"). By accessing or using our Services, you agree to be bound by this Agreement.

Account Registration

You must register for an account to use our Services. By registering for an account, you agree to provide accurate and complete information about yourself and to update such information as necessary. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device to prevent unauthorized access to your account. You are responsible for all activities that occur under your account.

Service

We agree to provide the following services to the Client:

• Access to the Services
• Technical support and maintenance services for the Services
• Data backup and disaster recovery services for the Services

Payment and Fees

We offer two payment options: month to month or annual. You will be charged the amount specified for the payment option you select. You may cancel your subscription at any time, but you will be charged until the end of the current month or year. We reserve the right to change our fees and payment options at any time.

License

We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Services for your personal or business use. You may not copy, modify, distribute, sell, or transfer any part of our Services. We reserve the right to revoke our Services at any time if you fail to comply with our terms and conditions.

Content

You are solely responsible for the content you upload, store, or share using our Services. You represent and warrant that you have all necessary rights to upload, store, and share such content and that such content does not infringe on the rights of any third party. We reserve the right to remove any content that violates this Agreement or is otherwise objectionable.

Intellectual Property

We own all rights, title, and interest in and to our Services, including all intellectual property rights. You may not use our Services in any way that infringes on our intellectual property rights.

Confidentiality

You agree to keep confidential any confidential information disclosed to you by us in connection with our Services. Confidential information includes, but is not limited to, our proprietary technology, trade secrets, and business information.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of our Services, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend, and hold us harmless from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or in connection with your use of our Services or any violation of this Agreement.

Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

Entire Agreement

This Agreement constitutes the entire agreement between you and us with respect to your use of our Services and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, regarding such use.