Terms of Service | Sparklicious

Sparklicious, LLC. ("Sparklicious"), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITE, ACCESSIBLE VIA http://sparklicious.com (THE "SITES"), AND USE OF ITS APPLICATIONS (HEREINAFTER REFERRED TO AS THE “APPS”), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "TERMS OF USE") (TOGETHER WITH OUR COOKIE POLICY, PRIVACY POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN). FOR THE PURPOSES OF THESE TERMS OF SERVICE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.

Acceptance of Terms

PLEASE READ THESE TERMS OF USE AND SPARKLICIOUS’S PRIVACY POLICY CAREFULLY. BY USING THE SITES AND APPS, ON ANY COMPUTER, MOBILE PHONE, TABLET, CONSOLE OR OTHER DEVICES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES, OUR APPS AND ANY OF THEIR CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND THE SPARKLICIOUS PRIVACY POLICY, THEN YOU WILL NOT BE ABLE TO DOWNLOAD AND USE THE APPS. YOUR USE OF THE SITES AND APPS SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. SPARKLICIOUS CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES AND APPS. IF YOU DO NOT CEASE USING THESE SITES AND APPS, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with sparklicious or its affiliates for other products or services.

Our Privacy Policy, which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Platform. Notwithstanding anything else to the contrary contained in these Terms of Use, sparklicious’s use of any personally identifiable information ( name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding sparklicious’s protection of your personal information, please refer to our PRIVACY POLICY.

You are expected to check this page from time to time to take notice of any changes Sparklicious has made, as they are binding on you.

These Terms of Service were updated as of May 26 2019.

Use and Restrictions

The Sites and Apps may be accessed and used only by individuals who can form legally binding contracts under applicable laws, who are 18 years of age or older, and who are not barred from using the Sites and Apps under applicable laws.

For residents of Korea or those accessing the site from Korea, you must be 19 years of age or older

The Sites and Apps are provided solely as a convenience to you for non-commercial use. You may access and use the Sites and Apps only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that sparklicious, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites and Apps. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Apps or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites and Apps; (f) other than for your use of the Sites and Apps as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites and Apps are hosted or modify or alter the Sites and Apps in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites or Apps; (h) use, frame or utilize framing techniques to enclose any Sparklicious trademark, logo or other proprietary information (including the images found at the Sites and the Apps, the content of any text or the layout/design of any page or form contained on a page) without Sparklicious’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a Sparklicious name, trademark, or product name without Sparklicious’s express written consent.

Any unauthorized use of the Sites and Apps will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites and Apps, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

The Content, Sites, Apps, as well as the selection and arrangement thereof, are the sole property of sparklicious and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with sparklicious’s express written consent. Other than as necessary for your use of the Sites and Apps in accordance with these Terms of Use, sparklicious grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by sparklicious’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Apps, Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without sparklicious’s express prior written consent.

If you print, copy or download any part of the Sites in breach of these Terms of Use, your right to use the Sites will cease immediately and you must, at sparklicious’s option, return or destroy any copies of the materials you have made. You may print one copy, and may download extracts of any page(s) from the sites for your personal non-commercial purposes. You must not modify the paper or digital copies or any materials you have printed or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Sparklicious’s status (and that of any identified contributors) as the authors of material on the Sites must always be acknowledged.

Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the "Marks") that appear on the Sites and Apps are proprietary to Sparklicious or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Sparklicious, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Sparklicious or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sparklicious.

Notification:

Sparklicious respects the intellectual property rights of others, and we ask you to do the same. Sparklicious may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites and Apps for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites or Apps, please provide Sparklicious’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites or Apps, and information reasonably sufficient to permit Sparklicious to locate the material.

Information reasonably sufficient to permit Sparklicious to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Sparklicious’s agent for notice of claims of copyright or trademark infringement on the Sites and Apps can be reached as follows:

By email: hello@sparklicious.com

By mail:

Sparklicious

20 Portland Ave.

Redding CT 06896

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

Your Account

If you purchase products or services through your account using the Sites and Apps, you are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites and Apps that occur under your account or your account password.

You agree to immediately notify Sparklicious of any unauthorized use of your password or account or any other breach of security. We have the right to disable any account or password at any time, for any reason.

You acknowledge and agree that Sparklicious may, to the extent permitted by applicable law, access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites and Apps, and all information relating to the use of the Sites and Apps under your account or account password if Sparklicious is required to do so by law or legal process or if Sparklicious determines, in its sole discretion, that such action is necessary to protect the rights of Sparklicious, third parties, and other users of the Sites and Apps or for purposes of responding to your request for customer service. Sparklicious’s right to disclose any such information shall govern over any terms of our Privacy Policy.

Electronic Communications

You consent to receive electronic communications from Sparklicious either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites and Apps for any purpose. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites and Apps shall satisfy any legal requirement that such communication be in writing.

You agree that Sparklicious may use and/or disclose information consistent with its Privacy Policy.

Modifications

Any Content offered or posted on the Sites and Apps is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Sparklicious reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites and Apps, at any time and from time to time.

Indemnification

You agree to defend, indemnify and hold harmless Sparklicious, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission or your access to or use of the Sites and Apps; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these Terms of Use.

Links to Third Party Websites

The Sites and Apps may contain links to websites and other resources operated by third parties other than Sparklicious. Such links are provided solely as a convenience to you. Sparklicious does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites and Apps does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

Linking to the Sites

You may link to our sites, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. The Sites must not be framed on any other site, nor may you create a link to any part of the Sites other than the home page. We reserve the right to withdraw linking permission without notice, for any or no reason. The website from which you are linking must comply in all respects with these Terms of Use.

Viruses, Hacking and Other Offences

You must not misuse our Sites by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our site is stored or any server, computer or database connected to our Sites. You must not attack our Sites via a denial or service attack or distributed denial or service attack. We will report any such breach to the relevant law enforcements authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Sites or to your downloading of any material posted on it, or on any website linked to it.

Warranties and Disclaimer

THE SITE, APPS, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE AND APPS, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SPARKLICIOUS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, APPS, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, SPARKLICIOUS DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPS, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE OR APPS IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE AND APPS, YOU WARRANT TO SPARKLICIOUS THAT YOU WILL NOT USE THE SITES AND/OR APPS FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE

Nothing in these Terms of Use shall effect your legal rights under applicable consumer laws.

IN ADDITION, THE SITES AND APPS MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. SPARKLICIOUS THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, SPARKLICIOUS RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION.

Limitation of Liability

SPARKLICIOUS AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE, UNLESS SUCH LOSS OR DAMAGES ARE CAUSED DIRECTLY BY SPARKLICIOUS’S FRAUD, RECKLESSNESS, GROSS NEGLIGENCE OR NEGLIGENCE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

You agree that any claim you may have arising out of or related to your relationship with Sparklicious must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

No Partnership

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparklicious as a result of these Terms of Use, our Privacy Policy or any use of the Sites and Apps. Sparklicious’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Sparklicious’s right to comply with law enforcement requests or requirements relating to your use of the Sites and Apps or information provided to or gathered by Sparklicious with respect to such use.

Entire Agreement

These Terms of Use, Cookie Policy and our Privacy Policy constitute the entire agreement between you and Sparklicious with respect to the Sites and Apps, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sparklicious with respect to the Sites and Apps.

B. GIFT CARDS TERMS AND CONDITIONS

1. Compliance with Laws

By purchasing a gift card ("Gift Card") offered by Sparklicious, you are certifying and representing to Sparklicious that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, the Cashstar eGift Card terms and conditions (collectively the "Gift Card Terms and Conditions"), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Sparklicious and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Sparklicious from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.

2. Redemption

Gift Cards purchased in China are only redeemable for purchases at Sparklicious retail stores in China. All other Gift Cards are redeemable for purchases at Sparklicious retail stores outside of China or online at WWW.SPARKLICIOUS.COM. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Sparklicious excluding PayPal.

3. Balance Inquiries

For balance inquiries please CONTACT US @ hello@sparklcious.com

4. Returns

All returns for purchases made with a Sparklicious Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.

5. Our Policies

Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. For Singapore guests, Sparklicious does not require the approval of the Monetary Authority of Singapore. Guests are advised to read the Gift Card Terms and Conditions carefully.

6. Risk of Loss

The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.

7. Fraud

Sparklicious will have the right to close guest accounts and request alternative forms of payment if Sparklicious believes such Gift Card has been fraudulently obtained.

8. Not for promotional use

Sparklicious Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)

9. No affiliation with Sparklicious

Use of Sparklicious's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Sparklicious Gift Cards is strictly prohibited. Furthermore, the use of Sparklicious Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Sparklicious or any of its subsidiaries or affiliates is prohibited.

10. Limitation of Liability

SPARKLICIOUS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN 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.

11. Disputes

Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the State of Connecticut and the federal laws of the United States and you consent to exclusive jurisdiction and venue in such courts.

12. General Terms

When you purchase, receive or redeem a Sparklicious Gift Card, you agree that the laws of the state of Connecticut and the federal laws of the United States, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. Sparklicious reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.

C. APPLICATIONS ("APPS")

USE OF THE SPARKLICIOUS APPS CONSTITUTES ACCEPTANCE OF THESE TERMS OF USE AS SUCH MAY BE REVISED BY SPARKLICIOUS FROM TIME TO TIME, AND IS A BINDING AGREEMENT BETWEEN YOU AND SPARKLICIOUS GOVERNING THE USE OF THE APPS. BY DOWNLOADING OR INSTALLING THE APPS USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS. IF USER DOES NOT AGREE TO THESE TERMS USER SHOULD UNINSTALL THE APPS IMMEDIATELY.

1. Google Terms and Conditions; Sparklicious Policies

These Terms supplement and incorporate (a) the Google Play Terms of Service (“Google”) Terms and Conditions (located at https://play.google.com/intl/en-GB_ca/about/play-terms.html) including, without limitation, the Google Terms of Service provided therein (“Google Terms”); and (b) other Sparklicious policies (“Sparklicious Policies”), including the terms of use for Sparklicious’s website posted at www.Sparklicious.com (“Sparklicious Website”). If any of the provisions of the Google Terms and Conditions or any applicable Sparklicious Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App.

2. Apple Terms and Conditions; Sparklicious Policies

These Terms supplement and incorporate (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/itunes/us/terms.html#service) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); and (b) other Sparklicious policies (“Sparklicious Policies”), including the terms of use for Sparklicious’s website posted at www.Sparklicious.com (“Sparklicious Website”). If any of the provisions of the Apple Terms and Conditions or any applicable Sparklicious Policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the App.

3. User Information and the App

You agree to: (a) provide true, accurate, current and complete information about yourself as required for purposes of registration (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

4. Persistent Log-in

You have the option to use the "persistent log-in" feature, which allows you to remain logged-in while the App is closed in order to avoid having to reenter your log-in information each time you open the App. If you choose to exercise this option, you understand that anyone who gains access to your mobile device will be able to access, and use all of the functionality as found on the App, including the payment functions. By agreeing to this option you understand and agree that you are responsible for any charges or actions on your account.

5. Carrier Charges

You hereby agree and acknowledge that your use of the Apps may involve data charges which are your responsibility as between you and your wireless service provider.

6. Lost or Stolen Device

Sparklicious is not responsible for unauthorized use of your mobile device, including mobile payments made where the mobile device may have been lost or stolen even when you have notified Sparklicious about the mobile device being lost or stolen.

7. User License

Subject to these Terms, Sparklicious grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the App for personal and/or non-commercial use only on any android, mobile, Apple iPhone, iPad or iPod Touch computer, or other supported device, (each a “Device”) owned or controlled by User as permitted by the Usage Rules contained in the Google Terms and Apple Terms and in accordance with these Terms (“User License”) or on any other device which may later support the use of the App as permitted by such device’s terms and conditions which shall be provided to User accordingly. Any use of the App in any other manner, including, without limitation, resale, transfer, modification or distribution of the App or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with the App (the “Content”) is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the App unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

8. Privacy of User Information

Some functionality of the Apps, including location-based services and functionality, may require the transmission of personal information provided by the User including User’s name and passwords, addresses, e-mail addresses, financial information (such as credit card numbers), GPS Location (“User Information”). If the User uses such Apps’ functionality, the User consents to the collection by Sparklicious of User Information and to the transmission of User Information to Sparklicious and, its agents and/or service providers and authorizes Sparklicious, its agents and/or service providers to record, process and store such User Information as necessary for the App functionality and for purposes described in the Sparklicious Privacy Policy located at //www.Sparklicious.com/privacy).

The User is solely responsible for maintenance of the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Apps. The User agrees to immediately notify Sparklicious of any breach of security. Sparklicious shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Apps, unless such unauthorized or fraudulent transactions arises from Sparklicious’s breach of its obligations under the Privacy Policy, the Terms and the Sparklicious Policies, its negligence or willful misconduct.

Personal information of User will be stored and protected by Sparklicious in the manner described in the PRIVACY POLICY. For further information concerning how we collect, use and disclose information pertaining to the Apps, see the Sparklicious PRIVACY POLICY.

9. Acceptable Use, Reviews and other User Submitted Content

Use by the User of the Apps and any of their Content and User Information transmitted in connection with the Apps is limited to the contemplated functionality. The User agrees that his or her use of the Apps and any Content must comply with these Terms, Google Terms, Apple Terms and the Sparklicious Policies.

10.Third Party Beneficiary

Apple, Google and each of their subsidiaries, are third party beneficiaries of these Terms. Upon User’s acceptance of these Terms, Google and Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.

11. Pricing and Quantities

The Website will provide you with pricing for the products that are carried by Sparklicious both in-store and online. The pricing shown to you through use of the Website may only be good for purchases made online or through the Website and may differ from in-store pricing.

Price and availability information is subject to change without notice. While Sparklicious takes great care to ensure our information is accurate, mistakes may occur. When a mistake is noticed Sparklicious will correct it as soon as possible and notify customers who are affected. Where necessary, an order may be cancelled prior to shipping the product. Sparklicious reserves the right to limit quantities. Not all products shown in the Website are available in-store, as some products can only be found online.

QUESTIONS OR CONCERNS

If you have any concerns about material which appears on this Website, please contact us by emailing us at: HELLO@SPARKLICIOUS.COM or by writing to us at:

Sparklicious

20 Portland Ave

Redding CT 06896