Terms of Use - Sparklesoup

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Overview 

Welcome to the Website of the Sparklsoup. The goal of this Website is to provide to the largest group of people possible access to a broad range of quality information about our publications and services. To insure a safe, non-offensive environment for all of our users, we have established these Terms of Use. This document describes what you can expect from us, and what we expect from you. 

 

By accessing any area of the Sparklesoup Website (areas residing on the sparklesoup.com domains), users ("Users," "you," "your") agree to be legally bound and to abide by these Terms of Use. 

Trademarks 

The trademarks, logos and service marks ("Marks") displayed on the Sparklesoup Website are the property of the Sparklesoup and other parties. All rights are reserved. 

Content 

Proprietary Rights 

 

User acknowledges that the Sparklesoup Website contains information, text, data, symbols, logos, images, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted where applicable as a collective work under the U.S. copyright laws, and the Sparklesoup owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Users may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly permitted by Sparklesoup or as otherwise permitted herein. Unless specifically authorizedUsersshall not make copies of any portion of the Content, regardless of purpose. Except as provided in the preceding sentences or as permitted by the fair use privilege under the U.S. copyright laws (see e.g., 17 U.S.C. Section 107), Users may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.  

Distribution/Uploading of Third-Party Content 

 

Except as set forth in Paragraph II a. above, Users may upload to or otherwise distribute on the Sparklesoup Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Users will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Sparklesoup, its affiliates, nor any of their owners, officers, directors, employees, agents, Providers, or the like will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to the Sparklesoup at info@sparklesoup.com. By submitting Content to any Website areas, including, without limitation, any User-submitted comments or forum postings, User automatically grants, or warrants that the owner of such Content has expressly granted to the Sparklesoup the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content, without further need for written or verbal consent. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Sparklesoup Website retains any and all rights which may exist in such Content. 

 

Third-Party Content 

 

Neither the Sparklesoup nor its affiliates, nor any of their owners, officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of the Sparklesoup Website, guarantees the accuracy, completeness, validity, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Sparklesoup Website represents the opinions and judgments of Users not under contract with the Sparklesoup. The Sparklesoup neither endorses nor is responsible for the accuracy, validity, or reliability of any opinion, advice, or statement made on the Sparklesoup Website by anyone other than authorized Sparklesoup senior management. Under no circumstances shall the Sparklesoup, or its affiliates, or any of their owners, officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Sparklesoup Website or through communications with its employees. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Sparklesoup Website. 

 

Online Conduct 

Access to and use of password protected and/or secure areas of the Sparklesoup Website is restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Sparklesoup Website may be subject to prosecution.  

If Sparklesoup is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by Users (e.g., through a forum posting or online review), Sparklesoup may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from Sparklesoup’s Website. Sparklesoup may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate Sparklesoup; or (iii) to protect the rights or property of Sparklesoup, its Users or Providers.  

 

Sparklesoup reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Sparklesoup as a whole or in part, or any rights of Sparklesoup or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Sparklesoup nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Sparklesoup, nor its affiliates, nor any of its owners officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on Sparklesoup’s Website. 

 

Privacy Policy 

In accordance with the terms of Sparklesoup's Website Privacy Policy, Sparklesoup respects the privacy of its Users.  

Disclaimers And Limitation of Liability 

ALL CONTENT, PRODUCTS, AND SERVICES ON SPARKLESOUP’S WEBSITE, OR OBTAINED FROM A WEBSITE TO WHICH SPARKLESOUP’S WEBSITE IS LINKED (A "LINKED SITE"), ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, VALIDITY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH SPARKLESOUP’S WEBSITE.  

 

YOU AGREE THAT SPARKLESOUP, ITS AFFILIATES AND ANY OF ITS RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS WILL NOT BE LIABLE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH THE USE OF SPARKLESOUP’S WEBSITE OR A LINKED SITE, OR WITH THE DELAY OR INABILITY TO USE SPARKLESOUP’S WEBSITE OR A LINKED SITE, EVEN IF SPARKLESOUP IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.  

 

SPARKLESOUP CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO SPARKLESOUP’S WEBSITE.  

 

THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTIONS OF SERVICES PUBLISHED OR MADE AVAILABLE ON SPARKLESOUP’S WEBSITE OR A LINKED SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SPARKLESOUP SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON SPARKLESOUP’S WEBSITE AND LINKED SITES. SPARKLESOUP MAY MAKE IMPROVEMENTS OR CHANGES TO SPARKLESOUP’S WEBSITE AT ANY TIME.  

 

SPARKLESOUP HEREBY DISCLAIMS ANY LIABILITY, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY DIRECT, PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OUR INDIRECT DAMAGES, IN CONNECTION WITH THE GOODS OR SERVICES PROVIDED BY ANY SPARKLESOUP WEBSITE THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS (COLLECTIVELY, "PROVIDERS"), INCLUDING WITHOUT LIMITATION LIABILITY FOR ANY ACT, ERROR, OMISSION, INJURY, LOSS, ACCIDENT, DELAY OR IRREGULARITY WHICH MAY BE INCURRED THROUGH THE FAULT, NEGLIGENT OR OTHERWISE, OF SUCH CARRIER OR SUPPLIER AND YOU HEREBY EXONERATE SPARKLESOUP FROM ANY LIABILITY WITH RESPECT TO THE SAME.  

 

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. 

Termination of Usage 

  • Sparklesoup may terminate User's access, or suspend any User's access to all or part of Sparklesoup’S Website, without notice, for any conduct that Sparklesoup, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider or SparklesoupSparklesoup reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use. 

Severability 

  • The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 

Changes to Terms of Use 

  • Sparklesoup reserves the right to revise these Terms of Use at any time and Users are deemed to be apprised of and bound by any changes to these Terms of Use. These Terms of Use were last modified on March 1, 2016.