Terms of Use

Introduction

Welcome to SparkSprite.com (the "Site"). Please review the following basic rules that govern your use of the Site. Please note that your use of the Site constitutes your unconditional agreement to follow and be bound by these Terms of Use. SparkSprite reserves the right to update or modify these Terms of Use at any time without prior notice to you. For this reason, we encourage you to review these Terms of Use whenever you use the Site. In the event that you do not agree to any changes or modifications of these Terms of Use, you should not continue to use the Site.

Electronic Communications

When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy

Please review the SparkSprite Privacy Policy, which also governs your use of the Site and is incorporated herein.

Use of the Site

By accepting these Terms of Use through your use of the Site, you certify that you are 18 years of age or older. All billing and registration information must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the services(s) or product(s) requested. We reserve the right to refuse service or cancel orders in our sole discretion.

Copyright

All content included on the Site, such as text, graphics, logos, button icons, images and software, is the property of SparkSprite or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of SparkSprite and protected by U.S. and international copyright laws. All software used on the Site is the property SparkSprite or its software suppliers and protected by United States and international copyright laws. SparkSprite and its suppliers expressly reserve all intellectual property rights in all content and other materials which appear on the Site and all software used on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of SparkSprite's or any third party's intellectual property rights.

Trademarks

SparkSprite and SparkSprite.com are trademarks of SparkSprite, Inc. SparkSprite's trademarks may not be used in connection with any product or service that is not SparkSprite's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits SparkSprite. All other trademarks not owned by SparkSprite that appear on the Site are the property of their respective owners. No trademark license is granted in connection with the materials contained on the Site. Access to the Site does not authorize anyone to use any name, logo or mark in any manner.

License and Site Access

SparkSprite grants you a limited license to access and make personal use of the Site and not to download or modify it, or any portion of it, except with express written consent of SparkSprite. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Site nor any portion of it may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SparkSprite. Any unauthorized use terminates the license granted by SparkSprite.

User Communications

Other than personally identifiable information, which is subject to the SparkSprite Privacy Policy, any material, information, ideas, suggestions, concepts, know-how, techniques, comments, questions, or other communication you transmit or post to SparkSprite in any manner ("User Communications") is and will be considered non-confidential and non-proprietary. You agree that we may use any or all User Communications for any purpose whatsoever, including, without limitation reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We will have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.

Third Party Information and Products

Reference on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party sites and we make no representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, or purchase any third party products, you do so entirely at your own risk.

Product Descriptions

Although we attempt to be as accurate as possible, we do not warrant that product or service descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

Indemnification

You agree to defend, indemnify and hold harmless SparkSprite and any of its affiliates, employees, directors, officers, agents, vendors or suppliers from and against any and all claims, damages, costs and expenses, including attorneys' fees and court costs, arising from or related to your use of the Site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE IS PROVIDED BY ON AN "AS IS" AND "AS AVAILABLE" BASIS. SPARKSPRITE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPARKSPRITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SPARKSPRITE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SEVICES OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CERTAIN STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SPARKSPRITE OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SPARKSPRITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SPARKSPRITE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. THIS LIMITATION OF LIABILTY IS A MATERIAL TERM FOR ALLOWING YOUR USE OF AND ACCESS TO THE SITE.

Applicable Law

By visiting the Site, you agree that the laws of the state of California, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and SparkSprite.

Disputes

Any dispute relating in any way to your visit to the Site or to products or services you purchase through the Site shall be submitted to confidential arbitration in San Francisco, California, except that, to the extent you have in any manner violated or threatened to violate SparkSprite's intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.