Terms of Service

1.  INTRODUCTION

The Services

This website (or other service) is operated by Sparkart Group, Inc. (“Sparkart” or “we”).  These Terms of Service (“TOS”) govern each user’s access to and use of this site or services provided by Sparkart (the “Services”), whether accessed through the Internet or any other medium now known or hereafter invented on any device now known or hereafter invented.  The Services may include any one or more of the following: viewing and/or using a website, whether publicly accessible or with restricted access; fan clubs and other subscription sites; contests; email subscription lists; search services; online stores (and other shopping services) for the browsing and purchasing of merchandise, tickets to concerts and other events, and other items; email, chat, instant messaging, message boards, comments, forums, blogs, social networking, and other forms of online and/or electronic communication; the uploading and downloading of music, photos, text, video, and other audio and visual content; the viewing of and listening to audio and visual content; personalized content and other creative and/or interactive tools and activities; and any other features, functionality, materials or activities which may be available from time to time on a Sparkart site or other Service.  Internet access is not included in the Services and separate third party fees may apply.

 

Age Requirements

In order to use the Services, you must be at least 13 years of age.  If you are under 13-years-old, you may not use the Services and you are instructed to leave this website or other Service.  If you are between the ages of 13 through 17 years, you may use the Services only under the supervision and with the written consent of your parent or legal guardian.  Your profile, membership, subscription, registration, posted content, messages, communications, and/or other materials or accounts may be deleted and or terminated without refund or warning if we believe, in our sole discretion, that you are under 13 years of age, or are between the ages of 13 through 17 years and are utilizing Services while not under the supervision and/or without the written consent of your parent or legal guardian.

 

Legal Agreement Between You and Sparkart; Visitors and Registered Users

These Terms of Service (TOS) constitute a legal agreement between the user of the Services (“you”) and Sparkart.  You must accept and agree to, without modification, all of the terms, conditions, restrictions and notices contained in this TOS in order to access and/or use the Services.  By using the Services, you agree to be legally bound by this TOS, whether you are a “Visitor” (which means that you only browse a site on the Service) or a “Registered User” (which means that you have registered as a user of the Services). As used herein, the terms “users” and “you” refer to both Visitors and Registered Users of the Services. You are authorized to use the Services (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws and this TOS. Please read this TOS carefully and in its entirety. If you do not agree with all of these terms, you should leave this website and discontinue use of the Services immediately.  If you do not accept this TOS in its entirety, you do not have permission to access or use the Services.

 

Modification of these Terms of Service

Sparkart may wish to update or change this TOS from time to time to reflect changes in the Services, changes in the laws affecting the Services, changes in Sparkart’s policies, or for other reasons. When we do, Sparkart will endeavor to provide notice to users in one or more of the following ways: (1) Sparkart will update the “last updated” date at the bottom of this TOS; (2) Sparkart may post notice of the update on the website or other Service; and/or (3) Sparkart may email notice of the update to the Registered Users.  You understand that Sparkart reserves the right to make these changes and that you are responsible for regularly reviewing this TOS as posted on the website or other Service.  Continued access to or use of the Services after any such change shall constitute your consent to such change.  Unless explicitly stated otherwise, any new features that change or improve the Services shall be subject to this TOS, as modified from time to time.

 

Privacy Policy

You may be required to register to use the Services. To register, you may be required to provide information about yourself, and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online communications, transactions, purchase history and usage patterns may be collected, analyzed and stored. Sparkart’s policies regarding its use and limited disclosure of your personal information are set forth in the Privacy Policy.  The Privacy Policy is hereby incorporated by reference into this TOS.  By agreeing to this TOS, you are also agreeing to the Privacy Policy.  Please carefully review the Privacy Policy.  If you do not accept the Privacy Policy in its entirety, you are not permitted to access or use the Services.  The Privacy Policy shall supersede any conflicting terms contained in this TOS.

 

Customer Service  

Our customer service office is open from 10am - 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer. 

 

 

2. PURCHASING TERMS:  MERCHANDISE

Pricing and Payments

All prices are in US Dollars. Advance payment in full via Visa or MasterCard is required (and in some instances payment via American Express may also be accepted only if so specified on the applicable site). Prices are subject to change from time to time in Sparkart’s sole discretion.

 

Order Processing

All orders are processed as soon as they are received. Orders cannot be cancelled, changed or combined once they have been processed. Please ensure that the shipping address you provide during the checkout procedure is accurate and complete before placing your order. Your shipping address cannot be changed once your order has been processed.

 

Shipping

Orders that contain only in-stock items are typically shipped within one (1) to three (3) business days. Orders that contain one (1) or more pre-order items are typically shipped one (1) to three (3) business days after the pre-order item(s) arrive(s) at our shipping warehouse. Shipping may be slightly delayed on US holidays.

Orders shall be deemed delivered when the shipping carrier provides confirmation that the package was successfully delivered to the address you submitted during the checkout procedure. Sparkart is not responsible for non-receipt of orders that have been deemed delivered. Sparkart is also not responsible for non-receipt of orders due to failure to properly submit an accurate and complete shipping address during the signup procedure.

Domestic Shipping (US): Our domestic carriers are USPS and FedEx. If FedEx is being used, the “ship to” address may not be a P.O. Box or your order will be considered an “Undeliverable Package” (see the Undeliverable Packages section below).  The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for USPS is three (3) to ten (10) business days.  The typical delivery timeframe for FedEx depends on the service selected. If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.  Shipping charges are determined by the number, weight and type of items ordered, and by the shipping carrier and service selected. We do not ship COD.

International Shipping (Outside The US):  The shipping timeframes provided during the checkout procedure are estimates only. The typical delivery timeframe for international orders is two (2) to four (4) weeks but please allow up to six (6).  If you have not received your delivery, you must contact us within sixty (60) days of purchase or we will not be obligated to re-ship.  In any event, we are not obligated to reship unless a trackable method of shipping was chosen. Please choose your shipping method carefully. Sparkart will not reship your order due to non-receipt unless you choose International Priority (a trackable shipping method) during checkout. We do not ship COD. You are responsible for any and all duties and taxes incurred upon delivery. If you refuse to pay duties and taxes your order will be returned to Sparkart, you will be required to pay a $5.00 return fee, and you will receive a credit for the subtotal of the order but will not be refunded the cost of shipping and handling or (if applicable) gift wrap.

 

Refunds, Returns and Exchanges

If you have received damaged, defective or incorrectly shipped merchandise, please contact Customer Service and return the product within 30 days of receipt following the Return/Exchange Instructions below. We will gladly replace or refund the merchandise without additional charge upon return.

If you have ordered incorrectly or are not happy with your purchase, please follow the Return/Exchange Instructions below (and on your packing slip). On these returns, original shipping and handling charges are not refundable and you will be responsible for all costs associated with return shipment, including a $5.00 restocking fee.

Sparkart will not accept any items for return or exchange after 30 days from receipt. (Note that for orders shipped via a non-trackable method we won't be able to determine receipt date.) Sparkart is not responsible for any items returned to us via a non-trackable delivery method that go missing in transit.

Please include the following in your email to Customer Service and in your return:

  • Your order confirmation number
  • Your first and last name
  • Your mailing address
  • Your phone number
  • What you are returning and why
  • How you would like us to handle your return or exchange.

We highly recommend that the items be returned to us using a mail service that provides tracking or insurance.

Mail to:

Clique Here, Inc
c/o Slayer Returns
2500 Park Central Blvd A-1
Decatur, GA 30035

Once your return has been received by us, we will exchange your item or credit your credit card accordingly. Please allow 3-4 weeks for your return to be processed.

Items That Cannot Be Returned or Exchanged:

Unfortunately the items listed below cannot be refunded, returned, or exchanged. All sales of these items are final except only in the case of a manufacturer's defect, backorder (see section below), unshipped pre-order (see section below), or undeliverable package (see section below).

  • Underwear or bathing suits 
  • Music or Book Pre-Orders
  • Any autographed, collectible items.
  • Any apparel item deemed by Sparkart to show obvious signs of use
  • Any physical media (CDs, DVDs, vinyl records) that has been opened (removed from its plastic wrap)
  • Any downloadable media
  • Any item that is not in its original condition (for example, is damaged or missing parts) for reasons not due to an error on Sparkart's part.

Sparkart will not refund any customer whose order is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete unless that order is classified as undeliverable and returned to Sparkart (see the Undeliverable Packages section below for details). Sparkart will not re-ship any order that is not received because the shipping address provided during the checkout procedure was inaccurate or incomplete.

 

Backorders

If all of the items included in your order are out of stock you will be notified via e-mail that your order has been cancelled due to lack of inventory and you will be issued a full refund of your order total (including shipping and handling, gift wrap and tax).

If some but not all of the items included in your order are out of stock you will be notified via e-mail that your order has been placed on hold due to lack of inventory and you will be asked to advise Sparkart to: 

  1. Hold your entire order until the item or items that are out of stock are re-stocked; OR
  2. Ship the items that are in stock and substitute one item that is in stock for each item that is out of stock (each substitution must be of equal or lesser value than item originally ordered and will be subject to approval by Sparkart); OR
  3. Ship the items that are in stock, issue a full refund for the item or items that are out of stock, and issue a partial refund for the cost of shipping and handling and (if applicable) tax; OR
  4. Cancel your entire order and issue a full refund of your order total (including shipping and handling, gift wrap and tax).

Sparkart will hold your entire order until either (a) you respond to this email or (b) the item or items that are out of stock are re-stocked.

 

Unshipped Pre-orders

Music and Books - Pre-order items cannot be cancelled. If you have received a defective or damaged product, you may return the item for an exchange if the item is still available. you may contact Customer Service to submit a return request.

Apparel and Accessories - If your order contains one (1) or more pre-order items you may cancel it at any time prior to shipment to receive a full refund of your order total (including shipping and handling, gift wrap and tax). You may contact Customer Service to submit a refund request. Orders that contain (1) or more pre-order items cannot be cancelled after the pre-order item(s) arrive(s) at our warehouse and the order is shipped.

 

Undeliverable Packages

If for any reason your order is classified as undeliverable and returned to Sparkart you will be notified via email that your order has been cancelled due to a failed delivery attempt and you will be issued a refund of your order subtotal. Shipping and handling and (if applicable) gift wrap will not be refunded. Sparkart will not re-ship any order that is classified as undeliverable and returned to us. 

 

State Sales Tax

In accordance with state law, we are required to charge sales tax on orders shipped within certain states. Where applicable, sales tax is applied to the order pre-tax total, including shipping and handling (where required) and gift wrap (where required and if applicable).  

 

Customer Service  

Our customer service office is open from 10am - 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer. 

 

 

3. GIFT CERTIFICATE TERMS AND CONDITIONS

Policies

Gift Certificates, and their purchase and use, are subject to these Terms and Conditions for Gift Certificates, as well as this site’s Purchasing Terms for Merchandise, and this site’s general Terms Of Service.  Where the terms of these Terms and Conditions for Gift Certificates directly conflict with any of the foregoing terms, these terms shall control as it pertains specifically to Gift Certificate purchase or use. As used herein, “you” and “your” refer to the Gift Certificate’s purchaser and/or recipient, as applicable.

 

Purchasing and Account Credit

Upon purchasing a “Gift Certificate,” the purchaser will be asked to identify the recipient and the recipient’s email address.  A code will then be emailed to the recipient’s email address, as designated by the purchaser of the Gift Certificate  (Please note that no physical gift certificate or gift card is created or used.)  When the recipient goes to this site to redeem the Gift Certificate, the recipient submits the code, and the recipient’s account will be credited with the amount of the Gift Certificate.  Gift Certificates are not available for purchase for under $10.00.

 

Redemption  

Gift Certificates are redeemable only online and only at this site.  Recipient’s purchases at this site will be deducted from the Gift Certificate balance. The balance will be applied to all charges related to the recipient’s orders until the balance is zero.  Any unused balance will remain in the recipient’s Gift Certificate account.  If an order exceeds the amount in the Gift Certificate account, the difference must be paid with a credit card or other permitted payment method. To view Gift Certificate balances, visit the “Your Account” (or similar area) on this site. 

Fees  

There are no special fees associated with the purchasing or redeeming of Gift Certificates.

 

Limitations  

Gift Certificates are redeemable only online and only at this site.  Gift Certificates cannot be used to purchase other Gift Certificates.  Gift Certificates and Gift Certificate balances cannot be resold, transferred, redeemed for cash, or applied to any other account, except to the extent required by law.

 

Expiration; Discontinuation  

Gift Certificates do not expire.  However, if this site shuts down or discontinues at any time, for any reason, with or without notice, then any remaining balance in your Gift Certificate account will be forfeited, without refund.  To minimize that risk, it is recommended that you do not leave any balance in your Gift Certificates account.  

 

Risk of Loss  

The risk of loss and title for Gift Certificates pass to the purchaser (or the purchase’s designated recipient, as applicable) upon our electronic transmission of the Gift Certificate code to the purchaser (or purchaser’s designated recipient, whichever is applicable).  We are not responsible if a Gift Certificate, or the associated code, or any password associated with the recipient’s account, are lost, stolen, destroyed or used without your permission.

 

Fraud  

We reserve the right to close a customer account and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make a purchase on the this site.

 

Limitation of Liability  

THIS SITE AND ITS OWNERS, OPERATORS AND AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CERTIFICATES, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CERTIFICATE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CERTIFICATE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Customer Service  

Our customer service office is open from 10am - 6pm Pacific Time, Monday thru Friday, excluding holidays. Should you have any questions regarding your order or anything else, please contact Customer Service. We endeavor to answer all responses within two (2) business days, but please allow longer.  

 

General Terms  

These Gift Certificate terms and conditions may be changed from time to time in the discretion of the owners or operators of this site. All terms and conditions are applicable to the extent permitted by law.

 

 

4. ADDITIONAL TERMS AND CONDITIONS

Technical Requirements

In order to use the Services, we recommend the hardware and software specified below.  Sparkart is not responsible for any failure to operate the Sparkart Services resulting from you not using the recommended hardware and software.

Computer:

  • Any computer with the Windows (version Vista SP2, or Windows 7 or higher) or Mac OS X (version Lion 10.7 or higher) operating system; and
  • Your computer must meet the minimum technical requirements of the supported Web Browser Software listed below

Web Browser Software:

  • Microsoft Internet Explorer: the current version available at microsoft.com/ie and the immediately preceding major version 
  • Mozilla Firefox: the current version available at getfirefox.com and the immediately preceding major version 
  • Apple Safari the current version available at apple.com/safari and the immediately preceding major version
  • Google Chrome: the current version available at google.com/chrome and the immediately preceding major version

In addition to using one of the aforementioned browsers, the below features must be enabled. Please refer to your browser’s documentation for information on how to enable these features.

  • Cookies
  • JavaScript

 

Personal and Non Commercial Use Only

You may use the Sparkart Services for your own personal and non-commercial purposes only. Each Sparkart account is to be used by a single user only, and you may not share or allow or permit anyone else to use your Sparkart account to access the Sparkart Services.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Sparkart Services except as expressly provided in this TOS.

Illegal and/or unauthorized use of Sparkart Services is prohibited, including, but not limited to (i) collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (ii) unauthorized framing of or linking to a Sparkart Site or part thereof; and (ii) placing advertising or attempting to collect revenue from advertisements placed on user profiles or other areas of a Sparkart Site. Except as expressly authorized per a written agreement with Sparkart, commercial advertisements, affiliate links, and other forms of solicitation are expressly prohibited, and Sparkart reserves the right to remove them from user profiles or other areas of a Sparkart Site without notice at our sole discretion; and such unauthorized advertisement or solicitation may result in termination of user registration, membership and other privileges, again, at our sole discretion. Appropriate legal action may be taken for any illegal or unauthorized use of Sparkart Services.

 

Delay or Failure to Provide Services

Sparkart is not responsible for any delay or failure to provide content, materials or other Services where such delay or failure is due to causes outside of Sparkart’s control, including, but not limited to, system downtime, internet connectivity issues, power outages, and failure of a particular recording artist, band, celebrity, public figure, brand, or other Sparkart client or their management to make materials available to Sparkart in a timely manner.  Regardless of any promises, statements or representations made to you, any such failure or delay will not entitle you to any credit or refund of fees.

 

Third-Party Sites, Services and Functionality

Sparkart Sites may incorporate, embed and/or contain links to other websites, services and functionality controlled or operated by persons and companies other than Sparkart (“Incorporated Services”). The Incorporated Services are not under the control of Sparkart and Sparkart is not responsible for the contents, operation or failure to operate of any Incorporated Services. Sparkart is not responsible for web casting or any other form of transmission received from any Incorporated Service, nor is Sparkart responsible if the Incorporated Service is not working correctly. The inclusion of any Incorporated Service does not imply endorsement by Sparkart or any association with its operators. You are responsible for viewing and abiding by the privacy policy and terms of service posted by the Incorporated Services.  You are solely responsible for any dealings with third parties (including advertisers) who support the Sparkart Services or are identified on Sparkart Sites, including the delivery of and payment for goods and services.

 

Your Feedback and Suggestions Submitted To Sparkart 

Sparkart wants your voluntary feedback and suggestions regarding the Services so that we can continually improve the Services for you and other customers. When you submit feedback and suggestions, please understand that Sparkart needs to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Sparkart, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Sparkart and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions.  These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Sparkart’s use of the materials contained within such feedback or suggestions. Sparkart is under no obligation to post or use any materials you may provide and may remove such materials at any time at Sparkart’ sole discretion.  This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Sparkart Services, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Privacy Policy. 

 

Software Available on the Sparkart Services

All software (if any) that is made available to view and/or download from the Services (“Software”) is owned by and is the copyrighted work of Sparkart and/or its suppliers, licensors or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Sparkart hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Sparkart Services in accordance with these Terms of Service, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Sparkart and/or its suppliers, licensors or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions.  You understand that any unauthorized use of the Software would result in irreparable injury to Sparkart for which money damages would be inadequate and in such event Sparkart will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.

 

Warranty Disclaimer

SPARKART AND ITS SUPPLIERS, LICENSORS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND OTHER MATERIALS CONTAINED ON OR OBTAINED THROUGH THE SPARKART SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SPARKART AND ITS SUPPLIERS, LICENSORS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, SOUND RECORDINGS AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

Limitation of Liability

IN NO EVENT SHALL SPARKART, ITS SUPPLIERS, LICENSORS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SPARKART SERVICES, WITH THE DELAY OR INABILITY TO USE THE SPARKART SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SPARKART SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SPARKART SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SPARKART OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SPARKART SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SPARKART SERVICES.  In no event will Sparkart’s liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Sparkart Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

 

Termination and Restriction of Access

Sparkart reserves the right, in its sole discretion, to reject, refuse to post, or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to the Sparkart Services or any portion thereof at any time, without prior notice.  Sparkart may also terminate or suspend your access to the Sparkart Services for breach of this TOS or inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by Sparkart.  Notwithstanding the foregoing, if you have purchased and paid for a subscription to use the Sparkart Services, Sparkart will not terminate your access to the Sparkart Services prior to the expiration of your subscription period without good cause unless it refunds a pro-rata portion of amount paid for the subscription.  Good cause includes, but is not limited to, your breach of this TOS or the discontinuation of the particular site or other Service for which you purchased a subscription.  If your Sparkart Services subscription is terminated for good cause, or if you cancel your Sparkart Services subscription prior to the expiration of the subscription period for any reason, Sparkart will not refund to you any fees paid in advance of such termination or cancellation.  Upon termination of your Sparkart account, your right to use the Sparkart Services immediately ceases and all benefits associated with your membership are immediately terminated.  Any cancellation or termination by you or Sparkart shall not relieve you of any obligations to pay fees accrued prior to such cancellation or termination.  Any or all of the Sparkart Services, including but not limited to any subscription site, may be discontinued at any time without notice or refund, even if such discontinuance occurs prior to the expiration of your paid membership or subscription, if any.  With respect to shows and events, Sparkart reserves the right, in its sole discretion, to refuse you admittance to any show or event associated with or related to the Sparkart Services, including, but not limited to, concerts, festivals, parties, meet & greets, gatherings, press conferences, meetings, or any other scheduled or unscheduled event.  

 

Dispute Resolution:  BINDING ARBITRATION 

Any dispute or controversy between you and Sparkart (or any assignee or other successor-in-interest of Sparkart) in any way arising out of, related to, or connected with this TOS, the Privacy Policy, or the Sparkart Services, shall be resolved through final and binding arbitration in Oakland, California.  In the event of such arbitration, each party shall be responsible for paying its own costs and expenses incurred in connection therewith, including, but not limited to, attorneys’ fees.  The parties shall share equally the costs of the arbitration, including, but not limited to, the arbitrator’s fees and any and all other administrative costs of the arbitration. The parties each agree to submit to any federal or state court of appropriate jurisdiction located in Oakland, California, for purposes of compelling arbitration pursuant to this paragraph, or to enforce any interim or final award entered into by the arbitrator.  The arbitrator shall have no power to add to, subtract from, or modify in any way, the terms of this TOS. Notwithstanding the foregoing, for any violation of this TOS which may not be reasonably or adequately compensated by monetary damages, Sparkart shall be entitled to court mandated injunctive or equitable relief against your breach of this TOS, in addition to other remedies.

You and Sparkart agree that any dispute between you and Sparkart shall be limited to the dispute between Sparkart and you individually. To the full extent permitted by law, (1) no arbitration or litigation shall be joined with any other; (2) there is no right or authority for any dispute to be arbitrated or litigated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Miscellaneous

This TOS is governed by the laws of the State of California, U.S.A, without regard to its rules pertaining to conflicts of laws.  Sparkart makes no representation that materials on a Sparkart Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access a Sparkart Site or use Sparkart Services from other locations do so on their own initiative and are responsible for compliance with local laws.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparkart as a result of this TOS or use of the Sparkart Services.  You may not assign this TOS without the prior written consent of Sparkart.  Sparkart may assign this TOS, in whole or in part, at any time.  Sparkart’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of Sparkart’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Sparkart Services or information provided to or gathered by Sparkart with respect to such use. You agree to indemnify and hold Sparkart, its parents, subsidiaries, affiliates, officers, employees, suppliers and licensors harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Sparkart Services.  If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOS shall continue in effect. This TOS (including the documents expressly incorporated herein by reference; namely, the Privacy Policy) constitute the entire agreement between you and Sparkart with respect to the Sparkart Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sparkart with respect to the Sparkart Services. A printed version of this TOS and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Intellectual Property Notices

Sparkart Sites and Sparkart Services, and all related technology and content: Copyright © 1999 - 2015 by Sparkart Group, Inc. or its suppliers or licensors.  All rights reserved. 

“Sparkart” and “Clique” are trademarks and service marks of Sparkart Group, Inc.  The company, product, and brand names of companies, products and services mentioned herein or on a Sparkart Site or Sparkart Service may be the trademarks and service marks of their respective owners.

Sparkart Group, Inc. has patents, patent applications, trademarks, copyrights, and/or other intellectual property rights covering subject matter in or related to the Sparkart Services or on a Sparkart Site. Except as expressly provided in this TOS, the provision of the Sparkart Services and the display of Sparkart Sites to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

 

Consumer Notice

Sparkart Group, Inc. is a California corporation.  Pursuant to California Civil Code § 1789.3, Sparkart Group, Inc. sets forth the following: (a) the address of Sparkart Group, Inc. is P.O. Box 1346, Oakland, CA 94604;  (b) the fees and charges imposed on consumers of Sparkart Group, Inc. vary depending on the services you choose; and (c) if you have any complaints about Sparkart Group, Inc. or wish to receive further information about Sparkart Group, Inc., please contact Customer Support. For complaints against Sparkart Group, Inc., you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by (1) visiting www.dca.ca.gov/about_dca/contactus.shtml; (2) sending an email to dca@dca.ca.gov; (3) calling (800) 952-5210; or (4) writing to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.  

 

Last Updated:  February 7, 2013