TERMS
OF USE & SERVICE
PLEASE READ CAREFULLY --
THIS IS IMPORTANT
THESE TERMS OF USE & SERVICE
(TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY OUR
COMPANY. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TOS. THE TOS IS SUBJECT
TO CHANGE BY OUR COMPANY AT ANY TIME IN ITS DISCRETION. YOUR
USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED
CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE
REGULARLY.
I. Restrictions on Use:
You may use this site only for the purposes expressly
permitted by this site. You may not use this site for any
other purpose, including any commercial purpose, without our
Company's express prior written consent. Your use of this
site constitutes your acknowledgement and acceptance of the
terms of this agreement.
II. Proprietary
Information:
The material and content (hereinafter referred to as the
"Content") accessible from this site, and any other World
Wide Web site owned, operated, licensed, or controlled by
our Company is copyrighted, and all rights reserved. Text,
graphics, databases, HTML code, and other intellectual
property are protected by United States and International
copyright laws, and they may not be copied, reprinted,
published, re-engineered, translated, hosted, or otherwise
distributed by any means without our Company's express prior
written consent, or unless authorized in writing elsewhere
on our site, except that you may print out a copy of the
Content solely for your personal use. Neither title nor
intellectual property rights are transferred to you by
access to this site. Our Company grants you a non-exclusive,
non-transferable license to use database(s) of links to
articles and resources accessible to you on our site subject
to these TOS. The database(s) may be used only for viewing
information or for extracting information to the extent
described in these TOS. You agree to use information
obtained from our Company database(s) only for your own
private use or the internal purposes of your home or
business, provided that is not the selling or brokering of
information, or on an occasional limited basis download or
print out individual pages of information that have been
individually selected to meet a specific, identifiable need
as indicated by our Company on a confidential basis. You may
make such limited number of duplicates of any output, both
in machine-readable or hard copy form, as may be reasonable
for these purposes only. Nothing herein shall authorize you
to create any database, directory, or hard copy publication
of or from the databases, whether for internal or external
distribution or use.
III. Confidentiality of Codes,
Passwords, and Information:
You agree to treat as strictly private and confidential any
subscriber code, username, user ID, or password that you may
have received from our Company and all information to which
you have access through password-protected areas of our
Companys websites, and further agree that you will not
cause or permit any such information to be communicated,
copied or otherwise divulged to any other person
whatsoever.
IV. Hyper-Links:
This site may be hyper-linked to other sites which are not
maintained by, or related to, our Company. Hyper-links to
such sites are provided as a service to users and are not
sponsored by or affiliated with this site or our Company.
Our Company has not reviewed any or all of such sites and is
not responsible for the content of those sites. Hyper-links
are to be accessed at the user's own risk, and our Company
makes no representations or warranties about the content,
completeness, or accuracy of these hyper-links or the sites
hyper-linked to this site. Further, the inclusion of any
hyper-link to a third-party site does not necessarily imply
endorsement by our Company of that site.
V. Submissions:
You hereby grant to our Company the royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to
use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other
information communicated to our Company through this site
(together, hereinafter known as the "Submission"). Our
Company will not be required to treat any Submission as
confidential, and may use any Submission in its business
(including without limitation, for products or advertising)
without incurring any liability for royalties or any other
consideration of any kind, and will not incur any liability
as a result of any similarities that may appear in future
Company operations.
Our Company will treat any personal
information that you submit through this site in accordance
with our Company Privacy Policy as set forth on this
site.
Furthermore, you may not post, send,
submit, publish, or transmit in connection with this site
any material that:
- you do not have the right to
post, including proprietary material of any third
party;
- advocates illegal activity or
discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic,
or indecent;
- threatens or abuses others,
libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or
offensive;
- seeks to exploit or harm children
by exposing them to inappropriate content, asking for
personally identifiable details or otherwise;
- infringes any intellectual
property or other right of any entity or person,
including violating anyones copyrights or
trademarks or their rights of publicity;
- violates any law or may be
considered to violate any law;
- impersonates or misrepresents
your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise
the origin of the content;
- advertises any commercial
endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g.,
conducting raffles or contests, displaying sponsorship
banners, and/or soliciting goods or services) except as
may be specifically authorized on this site;
- solicits funds, advertisers or
sponsors;
- includes programs which contain
viruses, worms and/or Trojan horses or any other computer
code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications, or disrupts the normal
flow of dialogue, causes a screen to scroll faster than
other users are able to type, or otherwise act in a way
which affects the ability of other people to engage in
real time activities via this site;
- amounts to a 'pyramid' or similar
scheme;
- disobeys any policy or
regulations established from time to time regarding use
of this site or any networks connected to this site;
or
- contains hyper-links to other
sites that contain content that falls within the
descriptions set forth above.
Although under no obligation to do
so, our Company reserves the right to monitor use of this
site to determine compliance with these TOS, as well the
right to remove or refuse any information for any reason.
Notwithstanding these rights, you remain solely responsible
for the content of your submissions. You acknowledge and
agree that neither the Company nor any third party that
provides content to the Company will assume or have any
liability for any action or inaction by Company or such
third party with respect to any submission.
The Company reserves the right to
fully cooperate with any law enforcement authorities or
court order requesting or directing the Company to disclose
the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that
are believed to violate these TOS.
VI. Disclaimer:
The materials in this site are provided as is
and without warranties of any kind, either expressed or
implied. You understand that our Company cannot and does not
guarantee or warrant that files available for downloading
from the Internet will be free of viruses, worms, trojan
horses or other code that may manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and
output, and for maintaining a means external to this site
for the reconstruction of any lost data. Our Company does
not assume any responsibility or risk for your use of the
Internet.
Under no circumstances, shall our
Company be liable for any special or consequential damages
that result from the use of, or the inability to use, the
materials in this site, even if our Company or an authorized
representative of our Company has been advised of the
possibility of such damages. Such circumstances include, but
not limited to:
- use of (or inability to use) the
site;
- use of (or inability to use) any
site to which you hyperlink from our site;
- use of (or inability to use)
offered informational programs;
- failure of our site to perform in
the manner you expected or desired;
- error, defect or omission on our
site;
- interruption of availability of
our site;
- delay in operation or
transmission of our site.
Facts and information on this website
are believed to be accurate at the time they were placed on
the website. Changes may be made at any time without prior
notice. All data provided on this website are to be used for
informational purposes only. The information contained on
this website and pages within is not intended to provide
specific legal, financial or tax advice, or any other
advice, whatsoever, for any individual or company, and
should not be relied upon in that regard. Information
provided in this website is not all-inclusive and is limited
to information that is made available to our Company, and
such information should not be relied upon as all-inclusive
or accurate.
We make no attempt to woo the
unsuspecting buyer with outlandish money back guaranties.
Our products and/or services speak for themselves. To truly
stand behind one's products means that you believe, beyond a
shadow of a doubt, that the information contained in them is
immensely valuable, and we do. However, we will gladly
replace any defective product, such as a CD, audios, books
or ebook within 8 days from the date of purchase. No refunds
once merchandise is received by email or mail.
VII. Limitation of
Liability:
Our Company, its subsidiaries, affiliates, licensors,
service providers, content providers, employees, agents,
officers, and directors will not be liable for any
incidental, direct, indirect, punitive, actual,
consequential, special, exemplary, or other damages,
including loss of revenue or income, pain and suffering,
emotional distress, or similar damages, even if our Company
has been advised of the possibility of such damages. In no
event will the collective liability of our Company and its
subsidiaries, affiliates, licensors, service providers,
content providers, employees, agents, officers, and
directors, to any party (regardless of the form of action,
whether in contract, tort, or otherwise) exceed the greater
of $100 or the amount you have paid to the Company for the
applicable content, product, or service out of which
liability arose.
VIII. Indemnity:
You will indemnify and hold the Company, its subsidiaries,
affiliates, licensors, content providers, service providers,
employees, agents, officers, directors, and contractors
(hereinafter known as the "Indemnified Parties") harmless
from any breach of these TOS by you, including any use of
content other than as expressly authorized in these TOS. You
agree that the Indemnified Parties will have no liability in
connection with any such breach or unauthorized use, and you
agree to indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's fees of
the Indemnified Parties in connection therewith. You will
also indemnify and hold the Indemnified Parties harmless
from and against any claims brought by third parties arising
out of your use of the information accessed from this
site.
IX. Termination:
These TOS are effective until terminated by either party.
You may terminate this agreement at any time by destroying
all materials obtained from any and all of our Company
site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this
agreement or otherwise. This agreement will terminate
immediately without notice at our Companys sole
discretion, should you fail to comply with any term or
provision of this agreement. Upon termination, you must
destroy all materials obtained from this site and any and
all other Company site(s) and all copies thereof, whether
made under the terms of this agreement or otherwise. In
addition, by providing material on our website, we do not in
any way promise that the materials will remain available to
you; and our Company is entitled to terminate all, or any
part of any of its website(s) without notice to
you
X. Jurisdiction and Other Points
of Consideration:
If any matter concerning this purchase shall be brought
before a court of law, pre- or post-arbitration, viewer,
visitor, member, subscriber or customer 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. Place for adding city county and
state. In the event that litigation is in a federal court,
the proper court shall be the closest federal court to the
seller's address.
Applicable law
Viewer, visitor, member, subscriber or customer agrees
that the applicable law to be applied shall, in all cases,
be that of the state of the seller.
Contact information
SPARCK Publishing LLC
3395 S Jones #207
Las Vegas NV 89146
702.252.4551
|