Terms & Conditions
Terms of Service for www.starlightandsparkles.com
Introduction
Welcome to www.starlightandsparkles.com.
This website is owned and operated by Starlight and Sparkles LLC. By visiting
our website and accessing the information, resources, services, products, and
tools we provide, you understand and agree to accept and adhere to the
following terms and conditions as stated in this policy (hereafter referred to
as 'User Agreement'), along with the terms and conditions as stated in our
Privacy Policy (please refer to the Privacy Policy section below for more
information).
This agreement is in effect as of May 18,
2018.
We reserve the right to change this User Agreement
from time to time without notice. You acknowledge and agree that it is your
responsibility to review this User Agreement periodically to familiarize
yourself with any modifications. Your continued use of this site after such
modifications will constitute acknowledgment and agreement of the modified
terms and conditions.
Responsible
Use and Conduct
By visiting our website and accessing the
information, resources, services, products, and tools we provide for you,
either directly or indirectly (hereafter referred to as 'Resources'), you agree
to use these Resources only for the purposes intended as permitted by (a) the
terms of this User Agreement, and (b) applicable laws, regulations and
generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be
required to provide certain information about yourself (such as identification,
contact details, etc.) as part of the registration process, or as part of your
ability to use the Resources. You agree that any information you provide will
always be accurate, correct, and up to date.
b. You are responsible for maintaining the
confidentiality of any login information associated with any account you use to
access our Resources. Accordingly, you are responsible for all activities that
occur under your account/s.
c. Accessing (or attempting to access) any of
our Resources by any means other than through the means we provide, is strictly
prohibited. You specifically agree not to access (or attempt to access) any of
our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or
interferes with our Resources, including the servers and/or networks to which
our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce,
sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences,
losses, or damages that we may directly or indirectly incur or suffer due to
any unauthorized activities conducted by you, as explained above, and may incur
criminal or civil liability.
g. We may provide various open communication
tools on our website, such as blog comments, blog posts, public chat, forums,
message boards, newsgroups, product ratings and reviews, various social media
services, etc. You understand that generally we do not pre-screen or monitor
the content posted by users of these various communication tools, which means
that if you choose to use these tools to submit any type of content to our
website, then it is your personal responsibility to use these tools in a
responsible and ethical manner. By posting information or otherwise using any
open communication tools as mentioned, you agree that you will not upload,
post, share, or otherwise distribute any content that:
i) Is illegal, threatening, defamatory, abusive,
harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or
contains any type of suggestive, inappropriate, or explicit language;
ii) Infringes on any trademark, patent, trade
secret, copyright, or other proprietary right of any party;
iii) Contains any type of unauthorized or
unsolicited advertising;
iv) Impersonates any person or entity, including
any employees
or representatives of Starlight and Sparkles LLC or www.starlightandsparkles.com.
We have the right at our sole discretion to
remove any content that we feel, in our judgment, does not comply with this
User Agreement, along with any content that we feel is otherwise offensive,
harmful, objectionable, inaccurate, or violates any third party copyrights or
trademarks. We are not responsible for any delay or failure in removing such
content. If you post content that we choose to remove, you hereby consent to
such removal, and consent to waive any claim against us.
h. We do not assume any liability for any
content posted by you or any other third party users of our website. However,
any content posted by you using any open communication tools on our website,
provided that it doesn't violate or infringe on any third party copyrights or
trademarks, becomes the property of Starlight and Sparkles LLC, and as such,
gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license
to reproduce, modify, adapt, translate, publish, publicly display and/or
distribute as we see fit. This only refers and applies to content posted via
open communication tools as described, and does not refer to information that
is provided as part of the registration process, necessary in order to use our
Resources. All information provided as part of our registration process is
covered by our privacy policy.
i. You agree to indemnify and hold harmless Starlight
and Sparkles LLC and its affiliates, and their directors, officers, managers,
employees, donors, agents, and licensors, from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees, resulting
from any violation of this User Agreement or the failure to fulfill any
obligations relating to your account incurred by you or any other person using
your account. We reserve the right to take over the exclusive defense of any
claim for which we are entitled to indemnification under this User Agreement.
In such event, you shall provide us with such cooperation as is reasonably
requested by us.
Privacy
Your privacy is very important to us, which is
why we've created a separate Privacy Policy in order to explain in detail how
we collect, manage, process, secure, and store your private information. Our
privacy policy is included under the scope of this User Agreement. To read our
privacy policy in its entirety, click here.
Limitation
of Warranties
By using our website, you understand and agree
that all Resources we provide are "as is" and "as
available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs
or requirements.
ii) the use of our Resources will be
uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our
Resources will be accurate or reliable, and
iv) any defects in the operation or
functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree
that:
v) any content downloaded or otherwise obtained
through the use of our Resources is done at your own discretion and risk, and
that you are solely responsible for any damage to your computer or other
devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed,
implied, oral or written, obtained by you from Starlight and Sparkles LLC or
through any Resources we provide shall create any warranty, guarantee, or
conditions of any kind, except for those expressly outlined in this User
Agreement.
Limitation
of Liability
In conjunction with the Limitation of Warranties
as explained above, you expressly understand and agree that any claim against
us shall be limited to the amount you paid, if any, for use of products and/or
services. Starlight and Sparkles LLC will not be liable for any direct,
indirect, incidental, consequential or exemplary loss or damages which may be
incurred by you as a result of using our Resources, or as a result of any
changes, data loss or corruption, cancellation, loss of access, or downtime to
the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on www.starlightandsparkles.com, including but not limited to text, graphics, website name, code, images and
logos are the intellectual property of Starlight and Sparkles LLC or are used
with the express permission of the intellectual property owners, and are
protected by applicable copyright and trademark law. Any inappropriate use,
including but not limited to the reproduction, distribution, display or
transmission of any content on this site is strictly prohibited, unless
specifically authorized by the intellectual property owner.
Termination
of Use
You agree that we may, at our sole discretion,
suspend or terminate your access to all or part of our website and Resources
with or without notice and for any reason, including, without limitation,
breach of this User Agreement. Any suspected illegal, fraudulent or abusive
activity may be grounds for terminating your relationship and may be referred
to appropriate law enforcement authorities. Upon suspension or termination,
your right to use the Resources we provide will immediately cease, and we
reserve the right to remove or delete any information that you may have on file
with us, including any account or login information.
Governing Law
This website is controlled by Starlight and Sparkles LLC from our offices
located in the state of Colorado, USA. It can be accessed by most countries
around the world. As each country has laws that may differ from those of
Colorado, by accessing our website, you agree that the statutes and laws of
Colorado, without regard to the conflict of laws and the United Nations
Convention on the International Sales of Goods, will apply to all matters
relating to the use of this website and the purchase of any products or
services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the
federal or state courts located in Colorado, USA. You hereby agree to
personal jurisdiction by such courts, and waive any jurisdictional, venue, or
inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, STARLIGHT AND
SPARKLES LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
Contact
Information
If you have any questions or comments about
these our Terms of Service as outlined above, you can contact us at:
www.starlightandsparkles.com
starlightandsparkles@gmail.com