Conditions of Use

Welcome to our online store! Sparkle Gear (“us”, “we”, “our”)  and its associates provide their services to the user (“you”, “your”) subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.

PRIVACY

You agree to the terms, conditions and policies specified in the Sparkle Gear Privacy Policy.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Sparkle Gear or its content suppliers and protected by international and United States copyright laws. The compilation of all content on this site is the exclusive property of Sparkle Gear, with copyright authorship for this collection by Sparkle Gear, and protected by international copyright laws.

Any and all designs, including those designs made at the specific request of you or other customers, remain the property of Sparkle Gear.  These designs may not be reproduced or used without written permission from us.

TRADEMARKS

Sparkle Gear’s trademarks and trade dress may not be used in connection with any product or service that is not of or belonging to Sparkle Gear or one of our affiliates, in any manner that is likely to cause confusion among customers, or in any manner that disparages, discredits, or defames Sparkle Gear. All other trademarks not owned by Sparkle Gear or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Sparkle Gear or its subsidiaries.

 

LICENSE AND SITE ACCESS

Sparkle Gear grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Sparkle Gear. Forms of downloading include, but are not limited to: screen captures or screenshots, downloading images, or copying or transcribing any text found on the site. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Sparkle Gear. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Sparkle Gear and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing Sparkle Gear’s name or trademarks without the express written consent of Sparkle Gear. Any unauthorized use terminates the permission or license granted by Sparkle Gear. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any individual webpage of Sparkle Gear so long as the link does not portray Sparkle Gear,, its associates, or their products or services in a false, misleading, derogatory, defamatory, slanderous, libelous, lewd, or otherwise offensive matter. You may not use any Sparkle Gear logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR MEMBERSHIP ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Sparkle Gear permits users under the age of majority (18 in the United States) with the permission or involvement of a parent or a legal guardian.  Sparkle Gear reserves the right to terminate your membership account without warning for breach or violation of these Terms.

 

REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT

Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content does not contain any material which is, references, or contains content which is illegal, obscene, threatening, defamatory, derogatory, lewd, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software or computer viruses, political campaigning, commercial solicitation or advertisement, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Sparkle Gear reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Sparkle Gear and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Sparkle Gear and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Sparkle Gear or its associates for all claims resulting from content you supply. Sparkle Gear has the right but not the obligation to monitor and edit or remove any activity or content. Sparkle Gear takes no responsibility and assumes no liability for any content posted by you or any third party.

 

RISK OF LOSS

All items purchased from Sparkle Gear are made pursuant to a shipment contract. This states that upon shipment of a purchased item, the title of said item and the responsibility to protect it from damage or loss passes from Sparkle Gear to the user, purchaser, or recipient of the item.  The conditions and qualifications necessary to return a defective or incorrect product are outlined in Sparkle Gear’s return policy, which you automatically agree to upon purchase of an item.

IN NO EVENT WILL SPARKLE GEAR BE LIABLE TO YOU FOR ANY LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR ANY PRODUCT WE SELL OR THE BREACH OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In the event that it is determined that a total limitation of liability is not permitted in your case or the jurisdiction under which a dispute has arisen, the liability of Sparkle Gear shall not exceed the purchase price of a product or one hundred US dollars, whichever is less.

PRODUCT DESCRIPTIONS

Sparkle Gear and its associates attempt to be as accurate as possible. However, Sparkle Gear does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Sparkle Gear itself is significantly different than as described, which is determined on an individual basis as described in the Return Policy,  your sole remedy is to return it in the same condition as it was sent to you for a refund or a replacement product.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SPARKLE GEAR ON AN “AS IS” AND “AS AVAILABLE” BASIS. SPARKLE GEAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SPARKLE GEAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPARKLE GEAR DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SPARKLE GEAR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SPARKLE GEAR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. 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.

 

APPLICABLE LAW

The operation of Sparkle Gear and its affiliates is governed by the state laws of the Commonwealth of Massachusetts and the federal law of the United States of America.  Users are required to obey and respect any and all local, state, and federal laws and ordinances in their residency in their use of Sparkle Gear’s and its affiliates’ websites, products, and services.

 

DISPUTES

Any dispute relating in any way to your visit to Sparkle Gear  or to products you purchase through Sparkle Gear shall be submitted to confidential arbitration in the Commonwealth of Massachusetts, in the United States of America, except that, to the extent you have in any manner violated or threatened to violate Sparkle Gear’s intellectual property rights, Sparkle Gear may seek injunctive or other appropriate relief in any state or federal court in the Commonwealth of Massachusetts, in the United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Sparkle Gear. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

QUESTIONS:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be directed to our support staff by using the built-in chat feature or by email to info@sparkle-gear.com.

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