Terms and Conditions of Use
Sparkle.com [“Sparkle”, the “Website”, “Site”, or “Service”] is an Internet service owned and operated by MBCM Group. Our goal is providing visitors to the Website or its subsidiaries or related websites with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users.
The following terms and conditions (the “Terms and Conditions”, “Terms and Conditions of Use”, “TOS”, “Terms”, or the “Agreement”) govern your use of this website or application provided to you by Sparkle.com, or one of its subsidiaries or related websites, and any content made available from or through this website, including any subdomains thereof, or application (the “Website”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Website. BY USING THE WEBSITE, YOU (THE USER) ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS AS APPLIED TO YOUR USE OF THE WEBSITE. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Website.
You may access and view the content on the Website on your computer or other device and, unless otherwise indicated in these Terms and Conditions or on the Website, make single copies or prints of the content on the Website for your personal, internal use only. Use of the Website and the services offered on or through the Website, are only for your personal, non-commercial use.
PROHIBITED AND RESTRICTED USE.
You may not copy, distribute, publish, promote, advertise or use in advertisements, or in any way exploit or cause to be exploited, the Website, or any of its contents, rights, trademarks, logos, code , data, or any other materials, for any reason, including commercially, without the express prior written permission from our authorized personnel. Unless fully and completely authorized by us through our express written permission to you, or unless otherwise stated on the Website, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on or available through the Website. Any stated permission and/or allowance shall be expressly limited to specific, listed, one-time-use only, material and content. Any other content, and/or any other use or uses, are prohibited, and any such permission and/or allowance is subject to being withdrawn at any time, to any and all degree, at our sole discretion.
Content and/or material on the Website may not be displayed or communicated on any other website, in a networked computer environment or other digital support for any purpose whatsoever. In the event of breach of any of these Terms, user’s permission to use Sparkle’s content or material will automatically terminate and any copies made of Sparkle’s content or material must be immediately destroyed. Users and third parties are prohibited from linking to The Website, including deep-linking to any pages or content, material, or data, without our express prior written permission. Any such permission that is given is understood and hereby agreed to by the user to be revocable by us, and must be removed and/or deleted immediately upon notice received from us.
You understand and agree that you may not alter, edit, delete, remove, recast, re-purpose, or otherwise change the meaning or appearance, of any of the content, code, data, or other materials on or available through the Website, including, without limitation, the alteration or removal of any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices. You acknowledge that you do not acquire any ownership rights by downloading any material or copyrighted material from or through the Website, its subsidiaries or related websites.
PROHIBITED USER CONDUCT.
You warrant and agree that, while using the Website, its services and features, and those of its subsidiaries or related websites, as well as those of its affiliates and any third-party affiliates, you will not engage in, or cause or induce others to engage in, any conduct that is intended to cause harm to others, or to violate the rights of others, including the use or misuse of the intellectual property rights of others.
While using the Website or any of its services or features, you further warrant and agree that you shall not impersonate any person or entity, or misrepresent your affiliation with any other person or entity. You agree not to slander or libel any other user or any person, business, organization, or entity, through your use of the Website, or to threaten, harass, or cause harm to any user of the Website or any person, business, organization, or entity.
You further agree and warrant that you shall not engage in any conduct that has the intent to interrupt, damage, disable, overburden, or impair the Website or its services or servers, including, without limitation, sending mass unsolicited messages, or attempt to access, damage, obtain, alter, copy, or interfere with any information or data residing on the Website’s servers or its databases, whether proprietary or non-proprietary, that is not expressly permitted or offered on the site to its users. You further agree that you shall not attempt (or encourage, induce, or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise access, damage, obtain, alter, copy, or interfere with the Website or the Website’s services or servers, or any content thereof, or attempt to obtain, copy, alter, or use any information, material, content, or user identifying information, of any user or users of the Website, including, but not limited to, any information, material, content, or user identifying information appearing on the Website’s blogs, chatrooms, services, pages, user feedback forums, or any other forums or response formats, including, but not limited to, email addresses, wireless addresses or other contact or personal information of other users, or employ any method or automatic means of obtaining lists of users or their data or any related content or material.
You may not cause or attempt to insert or overlay your own or a third party’s advertising, branding, editorial content, or other content, or any promotional content into or over any of the Website’s content, materials or services, including re-framing the Website or any of its content, or incorporating the Website or any part or portion or content of the Website, into your own or any third party’s content, publication, or website, in any way or form, or violate any of the Website’s trademarks or copyrights.
The information on the Website is intended for general information purposes only. Sparkle tries to ensure that the information provided is accurate and complete. However, no warranty or representation is made that any content that appears on the Website is accurate, error-free or reliable, or that its use will not infringe the rights of third parties. Use of the Website is at the user’s own risk. Any and all content on the Website is provided “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, consequently some of the above exclusions may not apply. Sparkle, its Website, its subsidiaries or related websites, or MBCM Group or any of its subsidiaries or related websites, will in no way be responsible for any costs incurred by any user’s use, misuse, or reliance on any content, material, or data on the Website.
There may be times that the Website, or any of its services and features, or those of its subsidiaries or related websites, may be unavailable, or not be functioning correctly, whether due to technical reasons or any other reasons, including, but not limited to, business reasons. The user agrees that the Website is not responsible in any way for any costs or damages, whether real or perceived, that result from these conditions. The user agrees that the Website shall not be held liable, or subject to any claims, resulting from such conditions or any related consequences.
Users and visitors to the site are hereby made aware of, understand, and agree that Sparkle, its subsidiaries or related websites, claims no affiliation with other websites or companies, the content of other websites or publications, or the products of any company or organization, either implied or mentioned on the Website, or whose products, images, illustrations, media content, logos, trademarks or any other materials appear on or are referred to on the Website, unless explicitly stated on the Website. All such material and content are the property of their respective owners.
Links to other websites operated by third parties, that appear on the Website, or are listed on the Website, or otherwise referred to or offered by us, are included without any warranty as to content, accuracy, or safety, and are not endorsed by us in any way, unless otherwise stated. Sparkle has not reviewed all of the sites linked to or from its website and is not responsible for the content, accuracy, or safety of any off-site pages or any other sites linked to the Website. Clicking on links or any linked content to off-site pages that appears on, or is listed or referred to on the Website, is at the user’s own risk.
As stated elsewhere in these Terms, users and third-parties are prohibited from linking to The Website, including deep-linking to any pages or content, material, or data, without our express prior written permission.
You acknowledge and agree that Sparkle may terminate or restrict the user’s access to and use of any part or all the Website at any time, for any reason, including, but not limited to, our belief that the user has violated any part of these Terms, or violated the rights of Sparkle, its subsidiaries or related websites, or any third party, with or without notice to user, and at our sole discretion.
We may, with or without prior notice of any kind, change, modify, or terminate any part or area or the Website, or its services or features, at any time or for any reason. User agrees that no claims of damage or harm will be made by the user or any party for any such changes or terminations.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”), both registered and unregistered, displayed on the Website, or on content available through the Website, its subsidiaries or related websites, are the property of the Website or its subsidiaries or related websites, and other entities, and may not be copied, reproduced, altered, linked to, or otherwise made use of in any way, whether commercially or non-commercially, or used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or in ways that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Website or on or through the Website’s services, subsidiaries or related websites, are the property of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or the permission of any third party that may own the applicable Trademark. Your use or misuse of the Trademarks displayed on the Website or on or through any of the Website’s services, subsidiaries or related websites, is strictly prohibited.
Sparkle.com is the sole and exclusive owner of rights, title and interest in and to the Website, and all content (including, but not limited to, photographs, graphics, illustrations, video, audio, copy, text, documents, software, titles, etc.), code, data, trade dress, the look and feel, design, style, and organization of the Website, and all materials on the Website, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Website does not grant to you ownership of any content, code, data or materials you may access on or through the Website.
The Website and Service are not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering on the Website or its Services, including any forums or chat services, or submitting their personally identifiable information to us.
Any information, creative works, photographs, images, logos, icons, audio-clips, video-clips, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials you submit or send to Sparkle or any of our subsidiaries or related websites, or to our affiliates, by any means (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, survey responses, and/or our blogs, upload to our Website and/or servers or those of our subsidiaries and related websites, or send to us via e-mail) (Submitted Materials) you irrevocably grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, re-size, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sub-license, syndicate, or otherwise provide to others, including commercial purposes, and to authorize others to do so.
By submitting or sending Submitted Materials to us, you affirm, represent, and warrant that the Submitted Materials are original to you, that you own the copyright in any Submitted Materials or have otherwise acquired all necessary rights to submit said materials, and that no other party has any rights thereto, and you grant us, our subsidiaries and related websites, a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, sub-licensable, and assignable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and incorporate in other works any Submitted Materials (in whole or part) in any form, media, or technology now known or later developed, including for promotional and/or commercial purposes, without any compensation or attribution to you. We cannot be responsible for maintaining any Submitted Material that you provide to us, our subsidiaries or related websites, and we may delete or destroy any such Submitted Material at any time.
Unless otherwise stated, Sparkle.com [Sparkle], its subsidiaries and related websites, may (but is not obligated to), at its sole discretion, use your user identification and/or name to provide attribution to any Submitted Materials (“Submitted Content”) that you submit to us or provide to us, in any way or any form, on our Website and related websites, or in any publication, whether in print or electronic media, for any reason or purpose.
CHAT SERVICES AND PUBLIC FORUMS.
Any Public Forums that we make available on the Website, its subsidiaries or related websites, including chat services, bulletin boards, message boards, blogs, announcements, or other forums, shall be subject to the same rules, conditions, limitations, and restrictions that are included in these Terms. You agree to be bound by these Terms when using any of these services and forums, and agree and warrant that you shall not upload, post, transmit, distribute or otherwise publish through the Website or any service or feature made available on or through the Website, any materials which are fraudulent, intentionally misleading, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, nor encourage or induce others to do the same, or to engage in conduct that would constitute a criminal offense, or to plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
At no time may any content, material, or editorial content, provided by you, contain a virus, spyware, adware, trackers, or malware of any kind, or contain false or misleading information, embedded links, web “beacons”, advertising, or endorsements by you in which you have a proprietary or other interest or connection, including any material or links that are intended to, or designed to, harvest personal information or any other information from any other users to our Website. This includes any material that you submit, provide, upload to our servers, link to, or direct others to. You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You may not offer to buy or sell any product or service on or through your comments submitted to our forums, or chat rooms, or promote or advertise any commercial or non-commercial entity.
LINKING TO THE WEBSITE.
You are not permitted to link directly to any image hosted on the Website or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another website. You agree not to download or use images hosted or appearing on this Website on another website, for any purpose, including, without limitation, posting such images on another site or publication, or in any media form, including audio or video.
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of the Terms and Conditions, in whole or in part, at any time. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Website and/or the services made available on or through the Website after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.
We respect the intellectual property rights of others. If you have reason to believe that your Content has been copied and/or is accessible on the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another site, application, destination or service that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via email that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service are covered by a single notification, a representative list of such works at the Service;
iii. Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
iv. Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Copyright and trademark communications may be made to us via email at: email@example.com
IMPORTANT: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR SERVICE BEFORE SENDING THE NOTICE.
DISCLAIMER OF WARRANTIES.
SPARKLE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. SPARKLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. SPARKLE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. SPARKLE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CERTAIN FEATURES, FUNCTIONALITY, AND/OR CONTENT OFFERED ON OR THROUGH THE SERVICE MAY BE HOSTED, ADMINISTERED, RUN OR OTHERWISE PARTICIPATED IN BY THIRD PARTIES, SUCH AS OUR SERVICE PROVIDERS THAT PROVIDE SOCIAL, COMMUNITY AND PUBLIC DISCUSSION AREAS, PHOTO AND VIDEO GALLERIES, BULLETIN BOARDS, FORUMS, CHATS, BLOGS, AUCTIONS, SHOPPING, AND PERSONAL/JOB SEARCH AND OTHER CLASSIFIED ADS. THESE SERVICE PROVIDERS MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES. YOUR COMPLIANCE WITH ANY SUCH ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS AND/OR RULES IS SOLELY YOUR RESPONSIBILITY AND WILL HAVE NO EFFECT ON YOUR CONTINUING OBLIGATION TO COMPLY WITH THE AGREEMENT WHEN USING THE SERVICE. WE SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH THE ACTS OR OMISSIONS OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPARKLE (“SPARKLE.COM”), ITS SUBSIDIARIES AND RELATED WEBSITES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR ITS PARENT COMPANY MBCM GROUP, WILL BE HELD HARMLESS FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OR EXISTENCE OF THIS WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, SPARKLE’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Sparkle, its affiliates, and its subsidiaries and related websites, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website, its services, or its content, or any violation by you of this Agreement.
If any provision of these terms and conditions of use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.
The Terms and Conditions, and the relationship between you and us, shall be governed by the laws of the Commonwealth of Massachusetts, United States of America. You agree that any cause of action that may arise under the Terms and Conditions shall be commenced and be heard in the appropriate court in the Commonwealth of Massachusetts, United States of America.
In the event of any dispute between us, you agree that you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resort to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action and such cause of action is permanently barred.
Sparkle reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request, or when presented with a legally valid and enforceable subpoena.
Under no circumstances does your use and/or access of the Website, any of its subsidiaries or related websites, or any of its services or features, create any joint venture, agency, partnership, obligation by us, or employment relationship between you and the Website or its subsidiaries or related websites.
We may enforce any or all parts or sections of this Agreement, or choose not to enforce any parts or sections of this Agreement, or delay such enforcement, at our sole discretion, without affecting any other parts or sections of this Agreement, and without giving up any rights thereto, nor be time-barred from enforcing our rights under the Agreement or pursuing our rights in any way.
This User Agreement shall constitute the entire agreement between you and the Website regarding your use of this Site, superceding all prior agreements, whether oral or in writing, that you may have executed with the Website.