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
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