1. Offerings

FileSpark.io provides a range of services, encompassing but not restricted to, file sharing and finite file storage. Your usage of and access to our website is regulated by these Terms of Service (“Terms”). The Services empower you to upload, disseminate, and receive files or other content, including third-party content utilized by you (collectively: “Content”). You retain all rights in- and responsibility and liability for all Content. FileSpark.io does not assert ownership of your Content.

2. Applicability

The Services are accessible only to individuals aged 16 or above. Please peruse the Terms meticulously. By employing the Services you consent to these Terms and our Notice and Take Down Policy (“NTD Policy”). Our Privacy & Cookie Statement governs the use of personal data and cookies in relation to the Services. If the Services incorporate, are utilized in association with, or are integrated into the services of third parties, the terms and conditions, notice and takedown policies and/or privacy and cookie policies of those third parties may be applicable in addition to these Terms. If you are employing the Services on behalf of your employer or another organization, you are consenting to the terms of that organization and you affirm and warrant that you have the authority to do so.FileSpark.io is not accountable for any third-party services, terms and/or policies.

3. Content Ownership, Permissions and Responsibility

FileSpark.io does not assert any ownership of the Content you generate, utilize, store or disseminate through the Services and you are solely accountable for it. Also, you are solely responsible for sharing it with the appropriate recipients. Any liability for damages relating to the Content lies with the individual that generates, utilizes, stores and/or disseminates it within the Services. You acknowledge that download and/or access links can be forwarded and that recipients having access to such links can access the Content it’s connected with. By employing the Services you warrant that you have, for any Content you generate, utilize, store or disseminate using the Services, all required permissions (including from copyright and other intellectual property rights owners) to distribute, sub-license, transfer, store and/or make the Content online available as part of the Services.

4. Limitation

As a prerequisite to utilize the Services you consent not to generate, utilize, store or disseminate any Content that:

• Features child sexual abuse imagery;
• Is obscene, defamatory, libellous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;
• Promotes racism, violence or hatred; Is factually inaccurate, false, misleading, misrepresenting or deceptive; You don’t hold the right to;
• Infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;
• Infringes on or violates any applicable law or regulation;
• and/or Constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.

Furthermore, you agree not to: Harass, intimidate, threaten, commit violence, or otherwise act unlawfully, or encourage anyone else to do so; Impersonate or falsely pretend affiliation with any person or entity; Access any non-public areas of the Services; Interfere with any access or use restrictions; Use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services; Send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose; Interfere with, damage or disrupt the Services or act in a way that may do so; Attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication; Use automated means to access or use the Services without our permission; Reverse engineer or decompile any (part) of the Services; Resell, sublicense, rent, lease, offer or otherwise commercialize the Services without our permission; and/or Allow others to use your account.

5. Indemnification and Liability

You will defend, indemnify and hold harmless FileSpark.io (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with your access to or use of the Services or your breach of these Terms, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights.