SPARK Education Platform

This End User License Agreement (“EULA”) between You and the Education Provider (as defined below), covers Your use of the Education Platform as defined herein. You agree to be bound by the terms of this EULA through Your express agreement by clicking “I agree”.  If You do not have authority to enter into this EULA or You do not agree with its terms, please, do not use the Educational Platform.

1. The capitalized terms, as used in this EULA, have the meaning set out below:

a.       “Education Platform” shall refer to the education platform created for educational purposes in the Spark context, and accessible via the website https://education.sparkingeurope.com

b.      “Education Provider” shall refer to the Spark network organization, which makes available the Education Platform and the Learning Material to its own students and teachers in the Spark context.

c.       “Learning Material” shall refer to any and all teaching and learning materials made available by the Education Provider for educational purposes within the Spark context, through the Education Platform.

d.      “Purpose” shall refer to the purpose of education or self-education within the Spark context.

e.       “User” shall refer to the students and teachers operating in the Spark context and who have right to access to the Education Platform.

2. The Education Provider hereby grants to the User a non-exclusive, non-transferable, non-sublicensable, non-commercial and personal license to use the Education Platform and the Learning Material, solely for the Purpose until either the User or the Education Provider terminates this EULA. The User may make paper copies of the Learning Material as required for the Purpose. The download of the Learning Material is not allowed. Using the Learning Material for any purpose, other than the Purpose, is prohibited without prior written consent of the Education Provider. The User agrees to comply with all applicable laws, rules and regulations while using the Educational Platform and the Learning Material.

3. The User shall protect the Learning Material and prevent any unauthorized use or disclosure of Learning Material,  by keeping its username and/or password safe and by ensuring  that the username and/or password are not revealed or disclosed to any third party. The User shall be responsible for all use of the Education Platform and Learning Material that occur under its username and/or password.

4.The User does not acquire any intellectual property rights under this EULA except the limited rights necessary to use the Learning Material for the Purpose. All ownership and proprietary rights and all intellectual property rights in and to the Education Platform and Learning Material (including, but not limited to all texts, graphics, messages or information, themes, effects, diagrams, concepts, videos, audio-visual effects, domain names, and all other elements pertaining to the Education Platform or the Learning Material, individually or in combination) and all copies thereof, are owned by the Education Platform or its licensors. The Education Platform may contain certain licensed materials, in which case the Education Provider's licensors may protect their rights in the event of a breach of this EULA.

5. THE USER EXPRESSLY AGREES THAT USE OF THE EDUCATIONAL PLATFORM AND THE LEARNING MATERIAL IS AT ITS SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE EDUCATIONAL PLATFORM AND THE LEARNING MATERIAL ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EDUCATION PROVIDER MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND IN RELATION TO THE EDUCATIONAL PLATFORM AND THE LEARNING MATERIAL, INCL. THEIR CONFORMITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY OR SECURITY, FITNESS FOR A SPECIFIC PURPOSE, AS WELL AS WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. THE EDUCATION PROVIDER DOES NOT WARRANT THAT THE EDUCATIONAL PLATFORM AND THE LEARNING MATERIAL WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, ERROR_FREE OR FREE OF MALFUNCTIONS OR DEFECTS, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT - THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER IS FULLY RESPONSIBLE FOR THE SELECTION OF THE LEARNING MATERIALS FOR ITS INTENDED RESULTS.

6. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE EDUCATION PROVIDER BE LIABLE FOR ANY LOSS OR DAMAGE ARISING IN CONNECTION WITH THE USE OF THE EDUCATIONAL PLATFORM AND THE LEARNING MATERIAL. THIS INCLUDES BUT IS NOT LIMITED TO (A) ANY DAMAGES OF ANY KIND, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE OR BREACH OF ANY DUTY IMPOSED BY LAW), CONTRACT, MISREPRESENTATION (WHETHER INNOCENT OR NEGLIGENT), OR OTHERWISE, (B) DIRECT DAMAGES; (C) DAMAGES RESULTING FROM AN ACCIDENT; (D) INCIDENTAL LOSS; (E) CONSEQUENTIAL DAMAGES; OR (F) INDIRECT DAMAGES.

NOTHING IN ARTICLE 7 SHALL AFFECT ANY LIABILITY OF THE EDUCATION PROVIDER, THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

7.The User shall be liable for all damages caused to the Education Provider, its licensors, service providers, or any other person or entity as a result of its breach of this EULA.

In particular, THE USER HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE EDUCATION PROVIDER AND ITS AFFILIATES, ITS LICENSORS AND SERVICE PROVIDERS FROM AND AGAINST ANY AND ALL CLAIMS OR ALLEGED CLAIMS, LIABILITIES, LOSSES, DAMAGES AND ALL COSTS (INCLUDING ATTORNEYS' FEES) DIRECTLY OR INDIRECTLY CAUSED BY THE USER AND/OR RESULTING FROM (A) ITS BREACH OF ANY PROVISION OF THIS EULA OR (B) ITS USE OR MISUSE OF THE EDUCATIONAL PLATFORM AND OR THE LEARNING MATERIAL.

8. This EULA will remain in effect until terminated by the Parties. The User and the Education Provider may terminate this EULA at any time and for any reason. The Education Provider's termination of this EULA shall be effective on the earlier of (a) the date the User receives notice, or (b) the date the User´s account is closed, or (c) the date the Education Provider decides to discontinue offering the Education Platform. This EULA is automatically terminated if the User fails to comply with any of its terms. Upon termination User’s right to use the Education Platform and the Learning Material will automatically terminate immediately. All provisions of this Agreement which by their nature should survive, shall survive termination of this Agreement, including without limitation, ownership provisions, warranty disclaimers, indemnification, and limitation of liability.

9.  This EULA is the parties’ entire agreement on this topic, superseding any other agreements. The Education Provider reserves the right, in its sole and absolute discretion, to revise, update, replace, modify, add, supplement or delete any provision of this EULA for reasons relating to security, law, best practices or otherwise. Such changes will be effective with or without prior notice to the User, as applicable. The user may consult the current version of this EULA by clicking on the "EULA" link in the Education Platform. The User is solely responsible for periodically checking to see if this EULA has changed. If any future change to this EULA is unacceptable to the User or causes the User to no longer agree to or comply with this EULA, the User may terminate this EULA in accordance with Article 8 and the User must then immediately stop to use the Education Platform.

The Education Provider may change the Education Platform at any time and in its sole discretion for any reason or for no reason, including but not limited to technical reasons such as updates, maintenance operations and/or resets to improve and/or optimize the Education Platform.

10. The  failure or delay by the Education Provider to exercise any right or remedy contained in this EULA or provided by law  shall not constitute a waiver of that or any other right or remedy, nor preclude or restrict the future exercise of that or any other right or remedy. No waiver of any right or remedy shall be deemed to have been made until a written statement to that effect has been signed by Education Provider.

11.   The terms of this EULA are governed by the laws of the country of the party where the cause of action/dispute arises, and the parties submit themselves to the exclusive jurisdictions of such laws of that country.