- PRIVACY
POLICY
- IMPORTANT --
PLEASE READ
-
This Privacy Policy describes the
terms of our commitment to your privacy.
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PERSONS OR PARTIES COVERED
- This Privacy Policy is intended
to cover all visitors to this website, all subscribers to
lists or newsletters whether paid or unpaid, all members
or affiliates whether paid or unpaid, and all customers.
Persons who visit or view this website, whether
intentionally or unintentionally, whether solicited or
unsolicited, are described herein as "Visitors" and are
parties to this Privacy Policy. Subscribers to lists or
Newsletters are referred to herein as "Subscribers" and
are parties to the Privacy Policy. Persons who join an
organization or marketing endeavor (e.g. "affiliates")
promoted by this website are called "Members" herein and
are covered by this Privacy Policy. Finally, anyone who
orders, attempts to order, or receives a product sold
(recipients) or advertised on or delivered from this
website, even at no cost, is called a "Customer" herein
and is subject to this Privacy Policy not only by passive
acceptance, but by virtue of the Purchase Agreement
contract. The website, its agents, owners, operators, and
employees are referred to collectively herein as
"Website," "Site," and/or "Seller".
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PERSONS EXCLUDED FROM THIS
WEBSITE ARE STILL COVERED
- In the event that a person
excluded from this website because of the Terms of Use or
from denial of service by the website, who nonetheless
unlawfully views this site, that person remains subject
to the terms of this Privacy Policy and is in violation
of the Terms of Use.
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PERSONS UNDER 18 YEARS OF AGE
ARE EXCLUDED FROM THIS WEBSITE
- This website is not lawfully
accessible to persons under the age of 18 or who are
otherwise covered by the provisions of the Child Online
Privacy Act of 1998 (COPA). If you are under the age of
18 you must leave this site immediately. Fraudulent use
of this website may make you subject to civil or criminal
sanctions.
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VIEWING AND/OR USE AND/OR
COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF
THIS POLICY
- Acceptance of the terms of this
Privacy Policy is a portion of the consideration required
for your right to visit the website. If you do not accept
these terms, you have no right to visit this site and you
are fraudulently using this site.
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A NOTE TO CALIFORNIA RESIDENTS
(ONLINE PRIVACY PROTECTION ACT OF 2003 --
OPPA)
- It is the intent of the Privacy
Policy to comply with the California Act. Various
provisions throughout this Privacy Policy address
requirements of the act. In summary, you must presume
that we collect electronic information from all visitors.
This is not usually personally identifiable. If you
purchase a product or service via this website (and
thereby become covered by the Act), the purchase
agreement you electronically sign prior to purchase
allows the website to collect and archive all the
personal information you provide and to transmit and/or
transfer that personal information to third parties.
There is no way you can modify this information and you
have no right to do so. Under the terms of the purchase
agreement, you have no right to view or receive any
information about our database. In the event that the
website, under advice of counsel agrees to divulge
information, the requesting party must submit whatever
information is demanded by the website in insure that the
website is releasing information to the correct party.
-
- Other provisions of the OPPA may
exempt this website from complying. While we take
measures to ensure that outside parties do not have
access to any information we have about you, we do not
warranty that outside parties will not breach our system
and thus have access to your information. (You should
know that merchant service providers do not allow us
access to your credit card information.) This Privacy
Policy also is subject to change without notice. You are
required to read it prior to using the website. By
interacting with the website you agree to the terms and
conditions of the Privacy Policy. By using the website or
purchasing a product through this website, you waive the
right to use state or federal court systems to address
complaints and, instead, agree to use the American
Arbitration Association located in a city and county
specified herein.
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ABOUT THE PERSONAL INFORMATION
THIS WEBSITE COLLECTS AND HOW IT IS
USED
- This website routinely collects
information about its visitors, subscribers, members, and
customers. This information is obtained in various ways,
such as:
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VISITOR, SUBSCRIBER, MEMBER, OR
CUSTOMER INFORMATION OBTAINED FROM
'REGISTRATION'
- Registration means that the
Visitor, Subscriber, Member or Customer takes active,
positive steps to communicate information to this
website. This can include pages or 'pop ups' where you
register for a newsletter or subscribe to a mailing list;
it can include your participation in visitor surveys; it
can include requesting information from the website via
email, mail, or courier; it may be from joining an
affiliate program or other membership organization, paid
or unpaid; it may be from ordering a product.
-
Occasionally complete credit card
information may be provided to the website via fax or a
fill-in form rather than regular secure merchant service
processing. This information is kept at the highest level
of security and is never divulged to anyone except the
merchant service provider or for the purpose of
communication with the customer.
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ONLINE
ORDERING
- Online ordering via SSL encrypted
communication provided by shopping cart services
supporting merchant service companies like Visa and
Master Card provides information to the website but does
not provide complete credit card numbers. In the process
of online ordering, the customer provides, name, address,
city, state, email address, phone number, CVV2 (back of
card) number, and, occasionally a member password. You
should consider all this information available to the
website. This information is used to deliver the product,
but under the Purchase Agreement you also approve its use
for general solicitation purposes.
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VISITOR EMAIL
INQUIRIES
- Website visitors who wish to
communicate with the website do so under two conditions:
one, they give their permission for contact by the
website; two, they are subject to any ‘submission'
provisions of the Terms of Use, Purchase Agreement, or
this Privacy Policy. While your email address may or may
not be used to solicit you, it is added to the website's
general solicitation database.
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CUSTOMER EMAIL OR
TESTIMONIALS
- If you are a customer and send an
email to the website, or if you communicate with the site
by phone or mail, the website collects information about
your communication and by communicating with the site you
give your permission to collect, archive, retrieve, and
otherwise use any information collected as the site sees
fit.
-
Any communication which, in its
sole discretion, the site deems to be a testimonial, may
be publicized for commercial purposes.
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INFORMATION OBTAINED FROM
VISITOR INTERACTION WITH BANNERS, POPUPS, OR SITE
ADVERTISERS
- Visitors clicking on banners or
pop-ups or hyperlinked advertising, appearing on this
website must assume that information is being collected
about them. This site is not responsible for the use of
information collected in such a fashion. Visitors must
assume that (1) information will be collected, (2) that
‘cookies' will usually be placed on their hard
drive, (3) that website does not have any control over
what happens with this information, (4) that website
takes no responsibility over the accuracy or content of
advertisers, (5) that website is not responsible for
downloads from third party advertisers that contain
viruses or worms or other computer code that causes their
computer or software harm, and (6) that website assumes
no responsibility for the data that is garnered from the
click itself or that the advertiser collects.
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INFORMATION OBTAINED FROM
REFERRING EMAIL OR REFERRING URLS
- If you send a friend an email
from this site or if you send the url or one of our web
pages to a friend, you must assume that some data is
collected about your IP address or your email address and
that of your friend. You must assume that referred emails
or web pages may appear to come from your email. You must
accept fully responsibility for referring pages or email
to a friend and agree to indemnify this site for any
damage, intentional or unintentional that results from
said referrals.
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INFORMATION OBTAINED FROM
VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR CUSTOMER
SURVEYS
- Unless otherwise specified in the
survey, you must assume that any information provided to
the website as part of a survey in which you participate
may be used for general solicitation for commercial
purposes and that such information will be shared with
joint venture partners, affiliates, marketing
organization or used by the site itself for product
design or solicitation purposes.
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- INFORMATION OBTAINED FROM
ELECTRONIC MEANS AND 'COOKIES'
- Many websites, including this
one, collect information about your computer, your email
address, your IP address. You must assume that your
web-viewing or web-use activity is monitored, tracked,
and information collected. This information is not
usually of a personal nature, but it may help define your
viewing habits and product preferences even though the
website may or may not have any idea who you
are.
-
"Cookies" is web jargon for bits
of computer code placed on your hard drive. Websites use
this to keep you 'logged in', to keep track of search
criteria, to monitor use, to password protect use of the
site or use of products sold by the site. Cookies can
also be used to obtain information about your computer
configuration or your use of your
computer.
-
Cookies can be used to
electronically gather information about you. Again, it
may or may not be personal information, but it is
information and by using this site you are expressly
giving permission to use 'cookies' and to use the
information gathered from their use to benefit you. You
also give permission to collect, archive, retrieve, and
use any information collected for product design, product
offers to you, and general commercial solicitation
purposes by this site or joint venture partners,
affiliates, and marketing organizations.
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HOW INFORMATION MAY BE
USED
- Like other Web publishers, we
collect information to enhance your visit and deliver
more individualized content and advertising. We respect
your privacy and do not share your information with
anyone.
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Aggregated Information
(information that does not personally identify you) may
be used in many ways. For example, we may combine
information about your usage patterns with similar
information obtained from other users to help enhance our
site and services (e.g., to learn which pages are visited
most or what features are most attractive). Aggregated
Information may occasionally be shared with our
advertisers and business partners. Again, this
information does not include any Personally Identifiable
Information about you or allow anyone to identify you
individually.
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We may use Personally Identifiable
Information collected by our Company to communicate with
you about your registration and customization
preferences; our Terms of Service and Privacy Policy;
services and products offered by our Company and other
topics we think you might find of
interest.
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Personally Identifiable
Information collected by our Company may also be used for
other purposes, including but not limited to site
administration, troubleshooting, processing of e-commerce
transactions, administration of sweepstakes and contests,
and other communications with you. Certain third parties
who provide technical support for the operation of our
site (our Web hosting service for example) may access
such information. We will use your information only as
permitted by law. In addition, from time to time as we
continue to develop our business, we may sell, buy, merge
or partner with other companies or businesses. In such
transactions, user information may be among the
transferred assets. We may also disclose your information
in response to a court order, at other times when we
believe we are reasonably required to do so by law, in
connection with the collection of amounts you may owe to
us, and/or to law enforcement authorities whenever we
deem it appropriate or necessary. Please note we may not
provide you with notice prior to disclosure in such
cases.
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INFORMATION THAT IS NOT
SHARED
- Credit card information or other
financial information is not usually known to the
website. However, in the event that it is made known,
that information is never revealed to anyone except to
processing authorities or law enforcement agencies.
However, the provider of such information gives express
permission to use it in fraud investigation or for
litigation.
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BULLETIN BOARDS AND PUBLIC
FORUMS
- Visitors, subscribers, members,
or customers who use any site provided bulletin boards or
other public forums, such as chat rooms, do so at their
own risk. You may not assume that the site monitors these
services or protects you in any manner from information
you post publicly or share with anyone else via these
services.
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SPAM
- By providing to this website
information that forms the basis of communication with
you, such as an email address, you waive all rights to
file complaints concerning unsolicited email or spam from
this website since, by providing such information, you
agree to receive communication from us or other marketing
organizations. However, all email communication with you
shall contain an 'unsubscribe' link where you may notify
the website that you no longer wish to receive
solicitations or information from the website and your
name will be removed from the general solicitation
database.
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DATA
SECURITY
- This website takes measures to
protect its data that contains information related to
you. However, as a consideration for viewing this site or
interacting with this site in any manner, you waive all
claims of any nature against this site concerning the
loss, alteration, or misuse of information. You must
assume that it is possible for your personal data to be
obtained by others, such as "hackers," and used in an
inappropriate manner that may cause you harm and that you
agree that the site is not responsible for damages to
you.
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QUESTIONS, COMMENTS, OR REPORT
OF INCIDENTS
- You may direct questions,
comments or reports to:
- SPARCK Publishing LLC
3395 S Jones Blvd #207
Las Vegas NV 89146
702.252.4551
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REVISIONS TO THIS PRIVACY
POLICY WITHOUT NOTICE
- This Privacy Policy is dynamic.
It will continually change. You may not assume that it
remains the same and you agree to check the policy each
time you visit the site for changes. Unless, in the sole
opinion of the website, this policy changes so
drastically as to suggest a posted notification on the
site or via email, you will receive no notification of
changes to this Privacy Policy nor, under any
circumstances, does this site promise notification. Your
continued use of this site always evidences your
acceptance of the terms this Privacy Policy or any
modifications.
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- DISPUTES
- As part of the consideration that
the Website requires of the Visitor to view, use, or
interact with this site, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy
("CLAIM") of any kind (whether in contract, tort or
otherwise) arising out of or relating to this purchase,
this product, including solicitation issues, privacy
issues, and terms of use issues.
-
- Arbitration shall be conducted
pursuant to the rules of the American Arbitration
Association, which are in effect on the date a dispute is
submitted to the American Arbitration Association.
Information about the American Arbitration Association,
its rules, and its forms are available from the American
Arbitration Association, 335 Madison Avenue, Floor 10,
New York, New York, 10017-4605. Hearing will take place
in the city or county of the Seller.
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In no case shall the Visitor have
the right to go to court or have a jury trial. Visitor
will not have the right to engage in pre-trial discovery
except as provided in the rules; you will not have the
right to participate as a representative or member of any
class of claimants pertaining to any claim subject to
arbitration; the arbitrator's decision will final and
binding with limited rights of appeal.
- The prevailing party shall be
reimbursed by the other party for any and all costs
associated with the dispute arbitration, including
attorney fees, collection fees, investigation fees,
travel expenses.
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JURISDICTION AND
VENUE
- If any matter concerning this
purchase shall be brought before a court of law, pre- or
post-arbitration, Visitor agrees to that the sole and
proper jurisdiction to be the state and city declared in
the contact information of the web owner unless otherwise
here specified. In the event that litigation is in a
federal court, the proper court shall be the closest
federal court to the Seller's address.
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APPLICABLE LAW
Visitor agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Website
owner(s).
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