Below you will find the general terms and services for using the Sparklearc educators service.
By accessing and using this marketplace service regardless of your position being seller, buyer or visitor, you agree to abide by the terms, conditions and services provided.
You can find the further additions relating to Buyer and Sellers specifically here.
WE/OUR/US – refers to Sparklearc – Sparklearc.com – Sparklearc marketplace, Sparklearc educatory services – marketplace service
YOU – refers to any seller, buyer or visitor that uses this site.
SELLER refers to any person that has a store listed on the site and has items available for sale.
BUYER – refers to any person that makes a purchase from any store listed on this site.
VISITOR – refers to any person that visits, views or scrolls through any pages, sites or information within this service.
Sparklearc marketplace provides an online web-based service to allow educators an outlet to buy and sell educational materials which consist of primarily original educational material for download or physical delivery via a connected group of individual stores..
This marketplace service is intended for use by real persons of adult age 18 years or over, there is no domicile restriction other than those that might be placed by individual store owners. ie: trade embargo with certain countries or whatever reason a store may decide not to trade within a jurisdiction.
By accessing and using this marketplace service regardless of your position being seller, buyer or visitor, YOU agree to abide by the terms and services
a- YOUR use of this site requires that YOU are at least 18 years of age and are not a person barred from receiving these services under the laws in any applicable jurisdiction you are receiving them from.
b- YOU agree to:
(i) provide true, accurate, current, and complete information about yourself as prompted by the registration forms
(ii) maintain and promptly update your data to keep it true, accurate, current, and complete at all times. If YOU provide any information that is untrue, inaccurate, not current, or incomplete, or if WE have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, without limiting any other remedies;
(iii)WE have the right to suspend or terminate your account, site or access and refuse any and all current or future use of the marketplace service, transactions or outstanding payments due (or any portion thereof).
CONDITIONS OF USE
By choosing to use the service you agree to abide by the following :
a- YOU must be a registered Member to buy or sell educational content through the marketplace service.
b- YOU are required to select an ID “User Name” and password. YOU are solely responsible for maintaining the confidentiality of your User Name and password. YOU should not disclose your password to anyone.
c- YOU are responsible for all activity that occurs under your User Name.
d- YOU are solely responsible for your conduct and any content, materials or information that YOU submit, post, and display on the marketplace service, or that is submitted, posted, and/or displayed on the marketplace service under your User Name.
e- YOU agree that YOU will not attempt to, nor encourage or assist any other person to, circumvent or modify any system, security technology, or other software that is part of the marketplace service or used to administer the rules contained in this Agreement.
f- YOU agree not to upload, post, email, transmit, or otherwise make available any content, material, or information to, on, or through the marketplace service that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, pornographic, profane, sexually explicit or indecent, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
g- YOU agree not to upload, post, email, transmit, or otherwise make available to any buyers, sellers or visitors of the site, any form of solicitations including but not limited to any unsolicited or unauthorised advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links”
h- YOU agree not to transmit any worms or viruses, spyware, malware, or any other harmful or destructive code;
i- YOU agree not to violate any applicable federal or local laws in your jurisdiction (including but not limited to intellectual property laws or tax laws);
j- YOU agree not to use the marketplace service for any illegal or unauthorised purpose;
k- YOU agree not to impersonate any person or entity, including without limitation, an employee or user, or falsely state or otherwise misrepresent your affiliation with a person or entity.
l- YOU agree not to transmit email or any other content that includes personal or identifying information about another person without that person’s explicit consent;
m- YOU agree not to transmit email or any other content that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
n- YOU agree not to manipulate the price of any item or interfere with other person or marketplace service listings;
o- YOU agree not to advertise any illegal products or services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by applicable law;
o/i- YOU agree not to sell or offer for sale stolen goods and/or materials that infringe a patent, trademark, trade secret, copyright or other proprietary rights of another person, or entity or that violate any rights of privacy or publicity, or that defame or libel any person or entity, or offer content that YOU do not have a right to make available under any law or under contractual or fiduciary relationships (including without limitation any goods purchased or obtained by YOU without right of resale such as promotional materials or school specific or market-restricted materials);
p- YOU agree not to provide materials or any other content for download that contain viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
q- YOU agree not to disrupt the normal flow of dialogue with an excessive number of messages (flooding attack) to the marketplace service, or in any manner that otherwise negatively affects users’ and visitors’ ability to use the marketplace service;
r- YOU agree not to employ misleading email or IP addresses, or forged headers, or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the marketplace service; YOU further agree that our use of tracking will log all attempts and be provided to all law enforcement agencies.
s- YOU agree not to attempt to gain unauthorised access to the marketplace service, computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the marketplace service;
t- YOU agree not to attempt to regain access to the marketplace service following a ban or account termination, including without limitation by means of opening or attempting to open a new account under the same or different User Name;
u- YOU agree not to “stalk” or otherwise harass anyone on or through the marketplace service;
v- YOU agree not to collect any personally identifying data about site users, members or visitors for commercial or unlawful purposes;
w- YOU agree not to use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the marketplace service except for internet search engines (e.g., Google or Yahoo!) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, or that are “well-behaved” standard web services such as RSS Atom feeds and clients. WE reserve the right to define what WE mean by “well-behaved,” and to develop, invoke, or utilise any means to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of any automated means YOU may use to access the marketplace and any of its services.
x- YOU agree that WE prohibit certain user conduct and content as described above, without obligation, WE will use reasonable efforts to eliminate such conduct and content from the marketplace service. YOU acknowledge and agree that
(i)WE are not, will not and cannot be held responsible for any content, information, or materials posted by users on the marketplace service,
(ii) YOU may be exposed to any such materials, information, or content, and
(iii) YOU must bear all risks associated with the exposure to and/or use of any such materials, information, or content, including without limitation any reliance on the accuracy, completeness, or usefulness of such materials, information, or content.
Further without limitation of the foregoing,
(iiii) WE have the right to, but may or may not, pre-screen and/or monitor content posted on the Service, and without limiting any remedies, may remove, edit, move, or close, in whole or in part, any content, information or materials, or thread or posting in any chat room and/or similar feature on the Site service, at any time for any reason, by OUR sole discretion.
y- WE reserve the right to suspend, terminate, or take any other action or remedy that we deem reasonable, appropriate, or necessary, in our sole discretion, with respect to your Account or site use immediately, without prior notice or liability, for any reason.
(i) If we terminate your account, your right to use the Service will immediately cease.
(ii) YOU may terminate your Account at any time and for any reason, and we will make available through the marketplace service reasonable means for YOU to do so.
(iii) When the marketplace service terms come to an end, the previous terms that by their nature are intended to continue indefinitely will continue to apply: including but not limited to, ownership provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
z- Waiver and Severability. The failure by US (marketplace services) to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
If any provision of this Terms of Service shall be held unlawful, void, or unenforceable for any reason, then that provision shall be deemed severed from this Terms of Service and shall not affect the validity and enforceability of the remaining provisions.
The severed provision shall be deemed modified so that its purpose can be lawfully effectuated and enforced.
By accepting this Agreement, you agree to indemnify and hold (marketplace services) and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any and all claims, demands, liabilities, expenses, or tax assessments, including reasonable attorneys’ fees, arising out of any claim made by any third party or any action taken by any governmental or regulatory body due to, arising out of, or relating to
(i) any product, content, information, or materials that you submit, sell, purchase, post, transmit, provide, or otherwise make available through the Service,
(ii) your use of the Service,
(iii) your connection to the Service,
(v) your actual or alleged infringement of any third party intellectual property or proprietary rights, or
(vi) your actual or alleged violation of any applicable laws, rules, regulations or rights of another.
YOU agree that the site and the service are provided on an “as is” and “as available” basis, and that your use of the service provided by Sparklearc marketplace services shall be at your sole risk.
To the fullest extent permitted by law, Sparklearc marketplace services, its affiliates, and its and their officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website, the service, and your access to and use thereof, including without limitation any implied warranty of merchantability, title, non-infringement, or any implied warranty arising from the course of dealing or usage of trade. Sparklearc marketplace services makes no warranties or representations about the credibility of the members of the service; that members will perform as promised; about the truthfulness, accuracy, or completeness of the service’s content or the content of any sites linked to this service; about the availability, quality, characteristics, legitimacy, functionality, pricing, shipping, delivery, security, or safety of any products or content (including, without limitation, any teaching or educational content) listed for sale on this service; or about any product descriptions or product literature. Sparklearc marketplace services also makes no representations or warranties that the contents of the service or any products listed for sale on the service are fit for any particular purpose or will meet any user’s requirements, and assumes no liability or responsibility for any
(i) errors, mistakes, or inaccuracies of content,
(ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service,
(iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
(iv) any interruption or cessation of transmission to or from the service,
(v) any bugs, viruses, trojans, or the like, which may be transmitted to or through the service by any third party, and/or
(vi) any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any product or content posted, emailed, transmitted, sold, or otherwise made available via the service. Sparklearc marketplace services does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the service or any hyperlinked website, or featured in any banner or other advertising, and Sparklearc marketplace services will not be a party to or in any way be responsible for monitoring any transaction between YOU and third-party providers of products or services (including any sellers or buyers).
As with the purchase of a product or service through any medium or in any environment, YOU should use your best judgment and exercise caution where appropriate.
Additionally, Sparklearc marketplace services is not responsible for any damages or lost profits that result from members directly contacting other members or for any damages or lost profits resulting from transactions conducted outside of the service, including transactions that may originate through the service but are taken offline or outside of the service.
LIMITATION OF LIABILITY
YOU agree that Sparklearc marketplace services, its affiliates, and its and their officers, directors, employees, and/or agents shall not be liable to YOU for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, reputation, use, or data or other intangible losses, resulting from:
(i) the access to, use, or the inability to access or use the service;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into, through or from the service;
(iii) unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or
(v) any other matter relating to the service.
For states or other jurisdictions that do not allow the exclusion or limitation of liability for incidental or consequential damages, the above limitations and exclusions may not apply to YOU.
In that case Sparklearc marketplace services ‘ liability to YOU or any third party shall in no event be, in the aggregate, greater than the lesser of
(a) the total amounts paid by YOU to Sparklearc marketplace services during the twelve (12) months prior to the claim or action allegedly giving rise to such liability, or
(b) one hundred dollars ($100.00).
YOU hereby acknowledge that YOU understand that by accessing and using the service and agreeing to the terms of this agreement, YOU may be waiving rights with respect to claims that are at this time unknown or unsuspected.
Sparklearc marketplace services reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof with or without notice. Sparklearc marketplace services will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.