1. You Agree to these Terms by Using this Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing Sparrow’s services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your Sparrow membership includes (a) removal of access to all offerings and features on the Site, and (b) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in Sparrow's sole discretion and that Sparrow shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting firstname.lastname@example.org.
3. User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. Sparrow does not and cannot review all such content, and is not responsible for such content. You acknowledge that by providing the ability to view and distribute user-generated content on the Site, Sparrow is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize Sparrow to use; (b) you hereby waive any moral rights you may have in such user-generated content; (c) and all such content is true and accurate; and (d) you are the person appearing in any photograph or content uploaded. In any event, Sparrow reserves the right to block or remove communications or materials that it determines to be unacceptable to Sparrow in its sole discretion.
By submitting any user-generated content, you hereby grant Sparrow (1) a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you; and (2) the rights to publicity to use your name and/or likeness. If you are between the ages of 13 and 17 (i.e., not yet 18), you represent and warrant that you have your parents' permission to make such grants. All content that you submit may be used at Sparrow's sole discretion without any obligation of confidentiality.
4. Interaction with Other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release Sparrow from claims, demands, and damages (actual and consequential) of every kind, arising out of or in any way connected with such disputes.
5. Notice; Electronic Communications
When you visit this Site, send emails to Sparrow, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with Sparrow.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. You may also customize your communication preferences by accessing the email preference center in your Sparrow membership page and adjusting your settings accordingly. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
7. Practices; Typographical Errors; Colors
You acknowledge that Sparrow may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, the maximum disk space that will be allotted on Sparrow's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that Sparrow has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, Sparrow reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, Sparrow shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall Sparrow be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, Sparrow makes no guarantees that any actual colors of products or features will be true or accurate.
8. Disclaimer - Warranty
Sparrow does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. Sparrow does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER SPARROW, NOR ANY OF ITS AFFILIATES OR DIRECTORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
11. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site copyrights, trademarks, or other intellectual property owned, controlled, or licensed by Sparrow or its affiliates. The Contents, including its trademarks such as the Sparrow logo and Sparrow design may not be used by you for any commercial purpose without Sparrow's written consent. Copyright 2013, Sparrow Retail. All Rights Reserved. All software used on this Site is the property of Sparrow or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
12. Export Control
Materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. Sparrow does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.