Terms of Use and Privacy Policy for the Website

Updated August 27, 2017

Everything written in these Terms of Use is worded in the singular male form but is equally applicable for both genders and for corporations, businesses and other legal entities, each of them using this site is a User. Please also read carefully the License Agreement appearing in this Website.

1. General

1.1. Welcome to the Spark Console website.

1.2. The site managers, Fountain Gaming Ltd. (“Site Managers”) manage the site under the domain (“ Domain”) http://www.sparkconsole.com and allow the users to use the site and application (the "Site", "System", “Site and System”). The Terms of Use, including Privacy Policy, detailed here (“Terms of Use”) are a binding contract between you and Site Managers through the Site and System.

1.3. Please read carefully the Terms of Use before using the Site, System and the Services offered by it.

1.4. In order to use the Site and System you must be 18 years of age and above, and legally able. You hereby confirm and declare that you are 18 or above and legally able.

1.5. Your usage of the Site and System, including but not limited to using it with/without registration and/or any other activity, legally bounds you to these Terms of Use, in their last format published in the Site. Please remember that the Terms of Use are a viable contract and their terms bound you and Site Managers. IF YOU DO NOT AGREE TO THE TERMS OF USE AND THIS PRIVACY POLICY, PLEASE STOP USING THE SERVICES IMMEDIATELY AND UNINSTALL WHERE RELEVANT.

1.6. The right of using the Site and System is personal. You hereby confirm and declare that you shall not transfer the right of use to any third side.

1.7. You hereby confirm that if Site Managers supply you with links and/or passwords you are solely responsible to keep these links and/or passwords secret. You hereby acknowledge that Site Managers are the sole owners of the password/s, including all intellectual property and creative rights in these password/s.

1.8. Terms of Use and Privacy Policy of the Site and System shall be altered and changed from time to time by Site Managers without notice and without need for a notice. It is your responsibility to get informed with these changes on your own by reading the Terms of Use of this Site and System carefully from time to time. Your continued use of the Services following any such changes shall be considered as your consent to the amended Terms of Use.

1.9. The Site and System will change from time to time, including but not only in its design, the way it is used, its contents, hours of activity, equipment needed to use it and/or see it, its characteristics, its specifications. Site Managers may, at any time, discontinue distributing information, change and/or stop any method of distribution of information and change the speed thereof and/or any other of its properties. However, Site Managers will do their best under the circumstances to complete all commitments they have taken on themselves.

1.10. Every person using the Site and System (“Using” meaning also accessing/browsing/surfing it, and/or any other use of the Site) confirms that he is aware of the Terms of Use of the Site and System and accepts them fully. Also every person suing this Site and System confirms that he and/or anyone on his behalf shall not submit any claim and/or submit lawsuit against the Site Managers and/or the Site and System and/or owners of the Site and System and/or managers among the Site Managers and/or their agents and/or anyone on their behalf, as long as these claims are not regarding Site Managers’ commitments according to these Terms of Use.

1.11. In order to use the Site and System you must be legally able to access it via equipment that may change from time to time, because of various factors, including but not limited to the needs defined by the Site, technological changes and developments (the “ Equipment”). You have sole responsibility over the Equipment, including but not limited to its existence, functionality, and upgrading. Site Managers shall not, under any circumstances whatsoever, take responsibility over damages and/or total loss to equipment and/or hardware and/or software and/or your data as a result of using the Site and System and/or for a situation in which your Equipment shall not support the usage of the Site.

1.12. You hereby confirm that all activity in which you are involved and which you carry out in connection with/to the Site and/or Site Managers is legal and according to all law.

1.13. It is hereby clarified that Site Managers are not responsible to any damage that may be caused to Equipment and/or computers and/or cellular/mobile equipment and/or any other related machines/sorts of equipment/forms of technology that exist currently or shall be in use in the future, as a result of using the Site.

2. Mission of the Site and Application

2.1. The Site allows the User to download the System which imports all User’s games from other sources and allow the User to view, launch and manage all his games from one platform.

3. Privacy

3.1. Site Managers do everything under their control to keep all details that you provide to the Site and/or details that the Site collects while you use the Site (the “Information”) as private as possible. Site Managers shall not transfer this information to any third party.

3.2. However, because of reasons that are beyond the control of Site Managers Information may be collected through software/s and/or applications and/or other internet activity that is/are unknown to Site Managers and function through the internet without their knowledge and/or awareness. You hereby confirm and declare that you shall not hold Site Managers responsible in any way for such breach of your privacy.

3.3. We collect the following types of data from you when you use the Services:

3.3.1. Anonymous Information, including but not limited to, approximate geo-location, hardware specifications, browser type and version, the date of the Software installation, the date of your last use of the Services, your operating system type, version and language, registry entries, your URL requests, and respective time stamps. Such Anonymous Information does not enable identification of individual persons; We do not make any efforts to reveal your identity through this information.

3.3.2. Personal Information, including but not limited to your IP address, your name and email address in the case that you provide us with this information, screen name, payment and billing information or other information we may ask from time to time as will be required for the Services provisioning, third party website or service (" Third Party Account") such as Facebook®, including your Personal Information stored on your Third Party Account, such as user-name, email address, profile picture, birthday, gender and preferences.

3.3.3. Other information, that is publicly accessible to other users that you have accessed may be accessed by those users from cached copy of this data from your device. Please note: When you interact with other websites these other websites may collect information about you. The Managers of the Site have nothing to do with such website's data-collection practices and such practices will be governed by their own terms of use and privacy policies.

3.4. We collect the information detailed above in order to provide you with better services, including but not limited to research of Anonymous Information for statistical purposes, in order to enable a further development of our Services, for better user experience and more relevant features, capabilities, offers, and marketing materials; to allow us to provide you with better support, and technical assistance.

3.5. Information collection: through using the information you have provided us and also via other technologies, such as cookies, pixel tags, web beacons, and log files.

3.5.1. Cookies: A cookie is a small data file that is sent to your browser for record-keeping purposes; it allows the same website to recognize you when you return. We use cookies to save your registration information and to recognize you when you are using the Services. We may also use cookies to help us and our partners customize the content, experience, and advertisements provided to you on websites across the Internet.

3.5.2. Pixel Tags: A pixel tag is a type of technology placed on a website in combination with cookies to enable tracking activity on websites.

3.5.3. Web Beacon: A web beacon is a technique used to track who is reading a web page or email, when they are reading, and from which computer.

3.5.4. Log Data: Log Data is data that our servers automatically recorded when you use the Services. Log Data may include information about your device such as: your IP address, browser type, webpages you visit, time spent on these pages, access times and dates, and the unique identifier generated for your device (if you use the Services from your mobile device then such an identifier may be you mobile number). We use such data in its aggregated form and is not combined with any Personal Information.

3.6. Information we share: We share Anonymous Information with third parties when required to provide, maintain, or improve the Services, and for additional purposes, including but not limited to marketing, research, and analytics purposes.
We do not share your Personal Information with third parties except with your specific consent pursuant to this Privacy Policy or if required by applicable laws or court order to: (1) comply with law, regulation, subpoena or court order; (2) detect, prevent or otherwise address fraud, security, violation of our policies or technical issues; (3) enforce the provisions of this Privacy Policy or any other agreements between you and us, including investigation of potential violations thereof; (4) protect against harm to the rights, property or safety of us, its partners, its affiliates, users, or the public.

3.7. We may offer to use your email address for the purpose of providing you news and marketing offers. Of course you can decline receiving email offers from us or from our affiliates and partners by clicking on the "unsubscribe" link at the bottom of each email communication. If we already provided your information to a third party (such as a sponsor or affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party as well.

3.8. If you feel your privacy has been compromised in the course of using the Site, please contact us and Site Managers shall do everything in their power to investigate your claims and answer you promptly.

4. Security and Confidentiality

4.1. We use industry-standard information, security tools, and measures, as well as internal procedures and strict guidelines to prevent information misuse and data leakage. Our employees and contractors access the information on a need-to-know basis and subject to confidentiality obligations.
We use measures and procedures that substantially reduce the risks of data misuse, but we cannot guarantee that our systems will be absolutely safe. If you become aware of any potential data breach or security vulnerability, you are requested to contact us immediately. We will use all measures to investigate the incident, including preventive measures, as required.

5. Your Choices

5.1. We value your privacy and your control of personal information. You may therefore notify us that you wish to review your Personal Information or delete it. You can notify us by sending an email to support@sparkconsole.com. You may choose at any time not to allow us or any third party to collect data about you. You may request to view or edit Personal Information that is stored about you. You may also choose not to accept cookies, including cookies associated with our Services or third-party services. To opt out of Google's use of cookies you can visit Google's Ads Settings. However, you should take into account that many of the Services or portions of them may not function properly if your cookies are disabled.

6. Creative Rights

6.1. Full creative rights and Intellectual Property (“IP”) in the Site and System including but not limited to all content in any form, including designed products, names of products, texts, pictures, videos, drawings and any information whatsoever regarding the Site Managers and/or information they have and/or any other information in the Site, inclusive in the Site, in every shape or form, whether in source code and/or destination code (“Site Content”) are the property of Site Managers and/or its suppliers and/or business partners.

6.2. Site Managers retain their full rights regarding Site and System content, including but not limited to creative rights, patents, design patents, trademarks, and all other rights that they may have now and/or in the future. You hereby declare and confirm that you shall not infringe on the right/s of the Site Managers, including but not limited to changing the contents, using them elsewhere and so on. You declare and confirm that you are aware that this includes photographs that appear on the Site and System and all rights in the photographs are the exclusive property of Site Managers.

6.3. You confirm and declare that you shall not infringe on Site Managers rights, including but not limited to copy, and/or distribute, and/or show in public, and/or give to a third party and/or sell and/or rent any part or all of the Site and System Contents without receiving a written approval in advance from Site Managers. Terms of Use shall not be construed in any way to be understood as if you are receiving any right/s, including creative rights of any form.

6.4. You declare that you shall not in any way change Site and System Content and/or use Site and System Content, including but not limited to contents that are meant for downloading, for any goal but the goals defined in Terms of Use, including but not limited to using the Site and System Contents in any other site and/or another computer system. You declare that you are aware that such usage is strictly forbidden and shall be conceived as infringement of the rights of Site Managers including all legal and other possible outcomes.

6.5. In this Terms of Use, Site and System Contents shall also include all information in the Site and System including designs, drawings, photographs, texts, video and/or audio that shall be available to the Site and System users through equipment existing now and/or in the future, whether it is or isn’t under the control and/or ownership or Site Managers or a third party that is allowing or shall allow Site Managers to use it.

6.6. Site Managers are bound to protect the rights of IP owners according to all law. Please notify Site Managers regarding any infringement in relation to the Site and System and Site Managers shall deal with every notification seriously and in due time according to all law.

7. Waiver

7.1. The Site, System, their content, the services and products presented in it are offered for use in an "as is" condition, subject to Terms of Use, and Site Managers shall have no commitment and/or obligation and/or responsibility in any shape or form, formally and/or informally, directly and/or indirectly, according to any law, including but not limited to regarding the technical details and workability of the Site and System, infringement of any rights and/or accessibility of certain people and/or for any goals.

7.2. Site Managers are not responsible and/or do not guarantee and/or do not promise anything with regard to using the Site and/or System and/or the results of using it, including the accuracy of the contents, their credibility, reliability, truthfulness, or anything else regarding the contents. You are hereby declare that you shall take any measures to protect yourself against any claim, damage and/or loss which may be caused to you and/or to others as a result from using the Site and/or System and/or relying on it and/or contents in it.

8. Access to People with Disabilities

8.1. Site Managers do everything in their power in order to make the Site and System accessible to people with disabilities, according to the Israeli Law Equality to People with Disabilities, 1988, and to all its regulations. If you and/or someone you know have any problem with Site or System accessibility, or if you recognize a problem of this sort in the Site or System, please turn to Site Managers and they will do everything reasonable in the power to solve any such problem.

9. Compensation

9.1. You hereby confirm and declare that if you are in breach of any or the terms in these Terms of Use and/or infringe on any right of a third party and/or break any law and/or act not according to any legal regulations while using this Site and System (the "Infringement") and this Infringement shall cause damage and/or loss and/or payment and/or expense to Site and System Managers and/or workers and/or people who are acting on behalf of them and/or someone else in relation to the Site (" Site Managers and Workers") including but not limited to legal fees, expert fees, legal process fees and the like, you shall compensate Site Managers and Workers for any and all Infringement and all expenses that shall be caused to Site Managers and Workers.

10. Warranty Limitation

10.1. Site Managers and Workers are not responsible and shall not be responsible, under any circumstances, for using the Site and/or System and/or delay in using it and/or inability to use it and/or loss of products and/or data and/or loss of revenues resulting from delay and/or inability to use and/or from using the Site and/or System and/or its contents and/or products and/or with relation to the Site and/or System, because of mistakes and/or inaccuracies, and/or fault, problem, security hole and/or any other fault in the Site and/or System. Site Managers and Workers shall not be claimed to pay you for any direct and/or indirect and/or special and/or resulting and or any damages whatsoever.

11. Links to other Web Sites

11.1. Site Managers cannot and do not commit that links to other sites, as long as such links exist on the Site and/or System, shall be reliable and will lead to an operating internet site. The existence of a link to a certain web site in the Site or System (the "Linked Site") shall not be construed as if the Linked Site is reliable and/or up to date and/or full and Site Managers shall not be responsible in any way shape or form regarding the Linked Site. In addition, and without derogating from the above, Site Managers are not responsible in any way shape or form to any direct and/or indirect damages caused to you and/or your property and/or your rights and/or to third parties as a result from using and/or relying on certain information and/or content appearing in Linked Sites and/or because of using and/or relying on certain data appearing in Linked Sites. In addition, all content in Linked Sites, including any and all opinions, offerings, proclamations and/or any other data presented by third parties (the "Opinions") are the Opinions of those third parties and do not in any way reflect the opinions of Site Managers.

11.2. You declare and confirm that if you wish to create a link to a Linked Site you will not present it as if the Site Managers have anything to do in any way shape or form to the Linked Site and/or to the legal entity which is behind it and/or its products and/or services and/or any other activity in which the legal entity is involved in any way. Linked Site shall not damage Site and/or Site Managers in any way or derogate from their good name and reputation. Site Managers retain the right to cancel their consent to have a link to a Linked Site on the Site and/or System and delete any link, subject solely to their final exclusive opinion without appeal or objection.

12. Change of Ownership

12.1. In the event of a change of ownership or control of all or a part of the Site and/or System, including but not limited to ways of acquisition and/or merger, and/or sale, Site Managers reserve the right to transfer all or part of the information which is stored in the system of the Site and/or System.

12.2. You acknowledge that in the event of bankruptcy, insolvency, or receivership, Site Managers may have no control over the use and transfer of the information.

13. No Persuasion / Advertising Activity

13.1. Publication of data in the Site and/or, which is not related to Site Managers and/or their products and/or their services and/or other processes of Site Managers, does not and shall not be construed as a recommendation, support or encouragement from Site Managers regarding said message and does not create sponsorship.

14. Information Warranty Disclaimer

14.1. Notwithstanding anything else in these Terms of Use, Site Managers are not responsible for the accuracy, correctness, and security of any of the information they gather, store, and disclose to you or to anyone else.

15. Withholding Service

15.1. Site Managers retain their right to stop the activity of any user in the Site or and/or System, at any time, without notice, according to Site Managers sole exclusive consideration if user does not comply with Terms of Use and/or any law and/or regulations, including but not limited to blocking IP number and/or technical difficulties in operation of the Site and/or System.

15.2. If user breaches these Terms of Use and/or any law and/or regulations Site and/or System Managers will have the right to expose user name and other details known to them according to their final, exclusive, sole consideration without a court order and you hereby waive any claim against Site Managers and/or their workers in relation to exposing your name and other details.

16. Governing Law

16.1. Israeli law exclusively governs this Site and System and Terms of Use and everything regarding them. Any legal claims, conflicts and/or controversies regarding Site and/or System and/or Terms of Use and/or using the Site and/or System and/or Site contents and/or everything regarding the Site and/or System will be brought to the appropriate court in Haifa which shall deal with all of the above exclusively according to Israeli law. Foreign law and foreign and/or international tribunals and/or courts are hereby explicitly excluded from being applied and/or being appropriate to deal with anything and everything regarding the Site and/or System.

16.2. If a term of the Terms of Use or parts of such term is ruled to be inappropriate and/or illegal and/or not valid by an appropriate court of law and is canceled, none of the other terms and/or terms in the Terms of Use and/or parts of any term and/or terms shall be canceled. Cancelation of a term of the Terms of Use or part of such term shall be isolated only to that term or part of it and shall not apply to other terms.

17. Miscellaneous

17.1. These Terms of Use contain the full contract between you and Site Managers, in addition to the License Agreement. Terms of Use can only be modified by updating them by Site Managers and cannot be modified otherwise. Site Managers retain all of their rights, including the right to transfer all of their rights and/or commitments, partially or fully, freely and without any limitation, solely and exclusively according to their consideration. If Site Managers decide according to their sole exclusive consideration to waive any of their right regarding a certain breach in the Terms of Use, such waiver shall not be construed in any shape or form as a waiver of another terms in Terms of Use, similar or different. Site Managers shall update the Terms of Use occasionally in the Site and/or System without notice and you are responsible to keep yourself updated with these changes.

17.2. Site Managers hereby announce that they do not commit that the Site and/or System does not close and/or that the activity in it shall not be halted temporarily or constantly and they retain their right to close the Site and/or System and/or its activity at any time according to their sole, final, exclusive consideration. You hereby confirm and declare that usage of the internet is sometimes involves interferences that are beyond the control of Site Managers and/or Site and/or System non of them shall be considered responsible in any way, shape or form to any obstruction and/or loss of data while transferring data to the internet and/or in any other time. It is also possible that the Site and/or System shall be unavailable and/or inaccessible from time to time due to various reasons, including but not limited to maintenance of the Site and/or System. Access to the Site and/or System may be stopped at times, from various reasons, and/or obstructed and/or halted, temporarily or terminally. You hereby confirm and declare that you exempt Site Managers and/or Site and/or System from any responsibility due to any or all damage and/or payment and/or loss that you shall suffer as a result from the above and you shall not hold Site and/or System and/or Site Managers responsible for any of the above damages that you may suffer and shall have no claim against them. However, Site Managers shall do everything under their considerable capabilities to carry out their commitments before permanently shutting the Site and/or System if such occasion happens.

Site Managers wish much enjoyment to all users and a pleasant and fruitful experience in the Site and System.

Site Managers can be reached through support@sparkconsole.com. Please contact us for any question and comment.