Please read this User Agreement before using the Sparkler website. By continuing to use Sparklerparties.com, you agree to abide by the conditions of this User Agreement.
SPARKLERPARTIES.COM SERVICE USER AGREEMENT
Sparkler is a party-planning website that provides resources for anyone who plans a party or event. The services offered by Sparkler (“Sparkler” or “we”) include the Sparkler websites located at http://sparklerparties.com, and other sub domains (the “Sparkler Website”), and any other feature, content or applications offered from time to time by Sparkler in connection with the Sparkler Website whether accessed directly or through our application for mobile devices (collectively, the “Sparkler Services”). The Sparkler Services are hosted in the United States.
Sparkler may modify this Agreement from time to time and each modification will be effective when it is posted on the Sparkler Website. You agree to be bound to any changes to this Agreement through your continued use of the Sparkler Services. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.
WE URGE YOU TO THINK BEFORE YOU UPLOAD, SUBMIT OR EMBED CONTENT. THIS AGREEMENT PERMITS YOU TO UPLOAD TO, SUBMIT TO OR EMBED ON THE SPARKLER SERVICES ONLY PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY UPLOADING, SUBMITTING OR EMBEDDING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4, 5 AND 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH TO THE SPARKLER SERVICES ALL PHOTOS AND OTHER CONTENT YOU POST.
- Eligibility. Use of the Sparkler Services is void where prohibited. You must be eighteen (18) years of age or over to be a Visitor or User of the Sparkler Services. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sparkler Services and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Term. This Agreement shall remain in full force and effect while you use the Sparkler Services or are a User. Sparkler may terminate your use of the Sparkler Website or the Sparkler Services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you.
- Non-commercial Use by Members. The Sparkler Services are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Sparkler. Illegal and/or unauthorized use of the Sparkler Services, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Sparkler Website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Sparkler Services
- User Content.
- Sparkler does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you upload to, submit to, or embed on the Sparkler Services. You represent and warrant that you own the User Content posted by you on or through the Sparkler Services or that you otherwise have sufficient right, title and interest in and to such User Content to grant Sparkler the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content posted by you to or through the Sparkler Services.
- After posting, uploading or embedding User Content to the Sparkler Services, you continue to retain such rights in such User Content as you held prior to posting such User Content on the Sparkler Services and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the Sparkler Services, you hereby grant to Sparkler a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the Sparkler Services or in any Sparkler publication will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to Sparkler, you agree to allow other Users of the Sparkler Website and Sparkler Services to share these photos provided that such use is for non-commercial purposes only.
- Without this license, Sparkler would be unable to provide the Sparkler Services or its publications. For example, the license you grant to Sparkler is non-exclusive (meaning you are free to license your Content to anyone else in addition to Sparkler), fully-paid and royalty-free (meaning that Sparkler is not required to pay you for the use of the User Content that you post), sublicensable (so that Sparkler is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Sparkler Services), and worldwide (because the Internet and the Sparkler Services are global in reach).
- This license will terminate at the time you remove your User Content from the Sparkler Services except as to any User Content that Sparkler has sublicensed prior to your removal of your User Content from the Sparkler Services, which license shall continue in perpetuity. To remove User Content, please send a request to email@example.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on the Sparkler Website. We will remove the item(s) as quickly as possible.
- The Sparkler Services contain Content owned by Sparkler (“Sparkler Content”). Sparkler Content is protected by copyright, trademark, patent, trade secret and other laws, and Sparkler owns and retains all rights in the Sparkler Content and the Sparkler Services. Sparkler hereby grants you a limited, revocable, non-sublicensable license to view the Sparkler Content (excluding any software code) solely for your personal use in connection with viewing the Sparkler Website and using the Sparkler Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Sparkler Content appearing on or through the Sparkler Services.
- The Sparkler Services contain Content of other Users and other Sparkler licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the Sparkler Website and using the Sparkler Services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the Sparkler Services.
- Content Uploaded, Submitted, Embedded.
- Please choose carefully the User Content that you upload to, submit to, or embed on the Sparkler Services and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not upload to, submit to, or embed on the Sparkler Services any User Content that violates this Agreement or that is contrary to the purposes of the Sparkler Services, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not upload to, submit to or embed on the Sparkler Services any photographs or video containing nudity, or obscene, lewd, violent, harassing, libelous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
- Sparkler does not endorse or guarantee the accuracy, efficacy, or veracity of the User Content posted by you or other Users. You acknowledge that we have no way to monitor all User Content that is uploaded to or embedded on the Sparkler Website and that despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the Sparkler Services, Users may post User Content that contains illegal, inaccurate, libelous, inappropriate, offensive or sexually explicit material, products or services, and Sparkler assumes no responsibility or liability for this material. Sparkler makes no warranties, express or implied, as to any aspect of the User Content uploaded or embedded by you or other Users or to the reliability of the User Content or any material or information that you or other Users transmit to other Users or Visitors via the Sparkler Services. If you become aware of any inappropriate User Content on the Sparkler Services or any misuse of the Sparkler Services by any person, please contact Sparkler at firstname.lastname@example.org.
- Sparkler reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the Sparkler Services at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.
- Prohibited Content.Sparkler reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the Sparkler Services and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Sparkler deems to be inappropriate:
- Content that criticizes a business or individual beyond that of merely offering an opinion;
- Content that harasses or advocates harassment of another person;
- Content that exploits people in a sexual or violent manner;
- Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- Content that includes racially, ethically, or otherwise objectionable language;
- Content that is libelous, defamatory, or otherwise tortious language;
- Content that solicits personal information from anyone under 18;
- Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
- Content that includes a photograph of another person that you have posted without that person’s consent.
Sparkler’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Sparkler expressly reserves the right to investigate and take appropriate legal action against anyone who, in Sparkler’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
- Prohibited Activity. You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the Sparkler Services:
- copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sublicensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Sparkler Content appearing on or through the Sparkler Services;
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- covering or obscuring any advertisements on your personal profile page, or any Sparkler page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Sparkler Services or the networks or services connected to the Sparkler Services;
- attempting to impersonate another User, person, or representative of Sparkler;
- using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile, without our permission;
- using any information obtained from the Sparkler Services in order to harass, abuse, or harm another person;
- displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Sparkler Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; or
- using the Sparkler Services in a manner inconsistent with any and all applicable laws and regulations.
- Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Sparkler or others (including without limitation Third Party Content or Sparkler Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user. Without limiting the foregoing, if you believe that your work has been copied and posted on the Sparkler Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Sparkler Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Sparkler’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Sparkler, [address]; and email: email@example.com.
- User Disputes. You are solely responsible for your interactions with other Sparkler Users. Sparkler reserves the right, but has no obligation, to monitor disputes between you and other Users and to immediately terminate the privileges of any User for any reason or for no reason.
- Promotions and Giveaways. From time to time, Sparkler will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Sparkler encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway.
Without limiting the generality of the foregoing, Sparkler is not responsible for any incorrect or inaccurate Content posted on the Sparkler Website or in connection with the Sparkler Services. User Content created and posted on the Sparkler Website may contain links to other websites. Sparkler is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Sparkler. Inclusion of any linked website on the Sparkler Services does not imply approval or endorsement of the linked website by Sparkler. When you access these third-party sites, you do so at your own risk. Sparkler takes no responsibility for third party advertisements which are posted on this Sparkler Website or through the Sparkler Services, nor does it take any responsibility for the goods or services provided by its advertisers. Sparkler is not responsible for the conduct, whether online or offline, of any User of the Sparkler Services. Sparkler assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Sparkler is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Sparkler Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Sparkler Services. Under no circumstances shall Sparkler be responsible for any loss or damage, including personal injury or death, resulting from use of the Sparkler Services, attendance at a Sparkler event, from any Content posted on or through the Sparkler Services, or from the conduct of any Users of the Sparkler Services, whether online or offline. Sparkler cannot guarantee and does not promise any specific results from use of the Sparkler Services.
- Limitation of Liability. IN NO EVENT SHALL SPARKLER OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF SPARKLER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SPARKLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SPARKLER’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO SPARKLER FOR THE SPARKLER SERVICES DURING THE TERM OF YOUR USE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT SPARKLER SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU
- Special Admonitions for International Use. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Disputes; Choice of Law; Venue. If there is any dispute about or involving the Sparkler Services, you agree that the dispute shall be governed by the laws of the Commonwealth of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the Commonwealth of California. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.
- Other. This Agreement is accepted upon your use of the Sparkler Website or any of the Sparkler Services and is further affirmed by you becoming a User. This Agreement constitutes the entire agreement between you and Sparkler regarding the use of the Sparkler Services. The failure of Sparkler to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
- Waiver and Severability of Terms. The failure of Sparkler to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
- Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
Last Updated: December, 2014