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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