Terms and Conditions
Legal Information and Disclaimers
Please read these Terms and Conditions Carefully before using this site
The materials on this web site (the "Site") are provided by Sparkable and its subsidiaries (the "Company") as a service to its customers and may be used for informational purposes only. Single copies may be downloaded subject to the provisions below under the caption "Single Copy License". Information on this Site may contain technical inaccuracies or typographical errors and may be changed or updated without notice. The Company may also make improvements, modifications and/or enhancements in the products, programs and/or services described in this information at any time without notice. By downloading any materials from this Site, you agree to these terms. If you do not agree to them, do not use the Site or download any materials from it.
You may use the website only if you can form a binding contract with the Company and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that the Company provides are always evolving and the form and nature of the Services that the Company provides may change from time to time without prior notice to you. In addition, the Company may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by the Company on the Services are subject to change. In consideration for the Company granting you access to and use of the Services, you agree that the Company and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
You should review this page, or its successor on this Site, from time to time to the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by legal notices or terms located on other pages of this Site.
Disclaimers and Limitations of Liability
INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COMPANY BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR OF ANY LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER/NETWORK SYSTEMS OR OTHERWISE, EVEN IF EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any material, documents, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary ("Communications"). The Company will have no obligations with respect to the Communications. If you transmit or post any Communications to the Site, you grant to the Company and its designees, an unrestricted, irrevocable license to copy, disclose, distribute, reproduce, perform, modify, transmit, license, sublicense, incorporate and otherwise use the Communications and all data, images, sounds, text, ideas, concepts, inventions, know-how, techniques and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
The works of authorship contained in this Site, including, but not limited to, all design, text and images, are owned, except as otherwise expressly stated, by the Company or one of its affiliates, ("Site Works"). The Site Works may not, except under written license, be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use or otherwise used in whole or in part in any manner without the Company' prior written consent, except to the extent that such use constitutes "fair use" under the Copyright Act of 1976 (17 U.S.C.§107), as amended, and the Canadian Copyright Act (R.S.C., c. C-42), and except for use of one copy in accordance with the license provisions below under the caption "Single Copy License."
The Works are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the United States, Canadian or any other Government is subject to restrictions set forth in FAR52.227-14 and DFAR252.227-7013 et.seq. and any similar or other governmental regulations, or their successors. Any use of the Works by the United States, Canadian or any other Government constitutes acknowledgment of the Company' proprietary rights in them.
Single Copy License
The Site Works are copyrighted and any unauthorized use of any materials on this Site may violate copyright, trademark, and other laws. You may download one copy of the Works found on the Site on a single computer for your personal, non-commercial, internal use only, unless specifically licensed to do otherwise by the Company in writing. Your use of the Site Works is governed by the terms of the Site Access Agreement you executed when you subscribed to our Site, including that there will be no sharing of this license among multiple users, companies or desktops except where the Site Access Agreement provides and you have paid for additional seats and licenses therefore, and then only to the extent so provided and paid for. This is a license, not a transfer of title, and is subject to the following restrictions: you may not: (a) modify the Works or use them for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software Works; (c) remove any copyright or other proprietary notices from the Works; (d) transfer the Works to another person; or (e) permit any unauthorized copying of the Works. The Company, in its sole discretion, may terminate this license at any time, for cause. Upon termination, you will immediately destroy any copies of the Works in your possession.
Third Party Sites
The Company makes no representations whatsoever about any other web site which you may access through this Site, whether by hyperlink or otherwise. When you access a third party web site, please understand that it is independent from the Site, and that the Company has no control over the content on that web site. The Company reserves the right to terminate any link or linking program at any time, without notice. The Company does not endorse companies or products to which it links and reserves the right to state this on its Site web pages. If you access any third party sites linked to this Site, whether by hyperlink or otherwise, you do so entirely at your own risk. It is up to you to take precautions to ensure that whatever you select for your use is free of materials of a destructive nature, such as viruses, worms, Trojan horses and similar destructive files.
Use Of Personally Identifiable Information