Certain products or services offered by this Website may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or SPARKY Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
YOU MAY NOT USE THIS WEBSITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO THIS WEBSITE MAY BE TERMINATED IMMEDIATELY IN SPARKY’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.
Some parts of this Website may contain adult content intended for people who are at least eighteen (18) years old. By viewing this adult content, you are representing that you are at least eighteen (18) years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the Website content.
This Agreement informs you of SPARKY’s practices with respect to the online collection, use, and disclosure of personal information from the Website. Personal information is information that allows us to contact you (such as email address, home address, or telephone number) or other information that, when linked to your name or contact information, allows us to personalize your visit to our Website by providing you with information that suits your interests.
SPARKY is the owner of this Website and retains all ownership rights to the information collected at this Website. SPARKY reserves the right to change, modify, add, or remove provisions of this Privacy Statement. Any changes to this Privacy Statement will be posted here, and we encourage you to check back from time to time.
ARTICLE 1. PERSONALIZATION
1.1 We may use the contact information you give us to better tailor your Website experience to your interests, and to send you information about SPARKY and its services as well as promotional material on behalf of some of our partners. We may use other information that you provide to us to show you content in which you may be interested and to display the content according to your preferences. We will also share this information within the SPARKY family in order to enhance your experience on this and other SPARKY Websites.
1.2 In addition, we may share this information with advertisers or other third parties that are not part of the SPARKY family on an aggregate or other basis that does not disclose your identity or contact information.
ARTICLE 2. ONLINE SURVEYS/CONTESTS
2.1 From time to time, we may conduct online surveys and contests. These may ask you for contact information (like name or email address) and demographic information (like zip code or age).
2.2 We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary.
ARTICLE 3. SHOPPING/COMMERCIAL SERVICES
3.1 This Website may offer shopping services, which may be offered by us or by a firm that operates a store under contract with us. If our Website offers shopping or other commercial services, you will use a customer order form to request information, products, and services. The order form will ask you to give us contact information (like name or email address), financial information (like account or credit card numbers), and demographic information (like zip code or age).
3.2 We will use the financial information that you provide to bill you for products and services. By giving our Website your credit card and related personal information, you are authorizing our store to give that information to the merchant and credit card company in order to confirm and fulfill your order.
3.3 We will use contact information from the order form to fulfill your orders. We may also use contact data to get in touch with you when necessary. We will not otherwise use or distribute your financial information without your prior approval.
ARTICLE 4. PUBLIC FORUMS
4.1 This Website may make available chat rooms, blogs, forums, message boards, and news groups. Please remember that any information that you disclose in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
ARTICLE 5. INFORMATION SHARING WITH THIRD PARTIES
5.1 From time to time we may enter into a special relationship with another company that is not owned by SPARKY to provide additional features at this Website. These special relationships may include “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. You should look for a specific privacy statement on any such co-branded page. Any personal information that you provide when signing up at one of those co-branded pages may be shared with our third party partner. You should also check our partner’s website for information regarding its privacy policies.
5.2 Also, the nature of some features of our Website may require that we share personal information about you with persons or companies outside of the SPARKY family. For example, this may occur at a feature that enables you, via our Website, to ask questions of persons or entities that are not part of the SPARKY family. By responding to those features of the site, whether by email or direct entry of information on our Website, you are consenting to our transferring that information to such persons or entities.
5.3 With respect to specific registration modules, like contests, we may disclose personal information collected, and we may post a conspicuous statement on the registration module to the effect that we will be disclosing the information collected with third parties.
5.4 Finally, we may share any of the information collected from you with these other non-SPARKY companies in an aggregate basis. The aggregated information is not linked to any information that can identify you.
ARTICLE 6. IP ADDRESS AND LOG FILES
6.1 We may use your IP address to administer our Website, to help diagnose problems with our server, to analyze trends, to track users’ webpage movements, to help identify you and your shopping cart, and to gather broad demographic information for aggregate use.
ARTICLE 7. COOKIES
7.2 In addition, on occasion our site may also set a “session cookie” which helps us administer the Website. The session cookie expires when you close your browser and does not retain any information about you after it expires.
ARTICLE 8. BANNER ADVERTISING
8.1 We have contracted with an ad-service to place banner advertising on our Website. All of the data provided and generated by the ad-server software remains in our possession. This feature of our Website may, on occasion, set “cookies” on your computer. Any information collected or stored by the ad-service or the cookies is treated in the same manner as other information described in this statement.
ARTICLE 9. CHILDREN’S PERSONAL INFORMATION
9.1 Consistent with the Children’s Online Privacy Protection Act:
9.1.1 This site does NOT collect, use, or disclose personal information (including online contact information) of children under the age of thirteen (13).
9.1.2 In the event that a child under the age of 13 attempts to register on our site, we will NOT accept the registration and will delete information received from the child.
9.1.3 In the event that a child posts personal information in a public forum such as a chat room, we will attempt to delete that information once we become aware of it.
ARTICLE 10. SECURITY OF YOUR PERSONAL INFORMATION
10.1 SPARKY employs reasonable security measures consistent with standard industry practice, for information collected through this Website. We believe that we have adequate security measures in place in our physical facilities to protect against the loss, misuse, or alteration of the information we collect on our Website. We also use internal protections to limit access to users’ personal information to only those employees who need the information to perform a specific job.
ARTICLE 11. SALE OR MERGER
11.1 If this Website is sold to, or merges with, another company not owned by SPARKY, you should expect that some or all of the information collected from this Website may be transferred to the buyer/surviving company. If so, SPARKY will seek to obligate the acquiring company to use any personal information transferred by this Website in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
ARTICLE 12. LEGAL PROCESS
12.1 You should be aware that SPARKY may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
ARTICLE 13. CONTACTING THE WEBSITE
13.1 If you have any questions about this Privacy Statement, the practices of this Website, or your dealings with this Website, please contact us here.
ARTICLE 14. GENERAL INFORMATION
14.1 This Agreement and the Additional Terms shall be governed by, construed and enforced in accordance with the laws of the State of South Carolina, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles.
14.2 You agree that any cause of action you or SPARKY brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this Website and/or the Privacy Statement, shall be brought only in either the state or Federal courts located in South Carolina.
14.3 You agree to submit to the personal jurisdiction of the courts of the State of South Carolina for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one (1) year after the cause of action arises. You agree that a cause of action filed after this date is barred.
14.4 If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and SPARKY with respect to the use of this SPARKY Website and shall not be modified except in writing, signed by an authorized representative of SPARKY.
ARTICLE 15. EUROPEAN UNION AND OTHER FOREIGN NATIONS
15.1 This Website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. SPARKY makes no representation that this Website is governed by or operated in accordance with the laws of other nations. By using this Website and submitting any personal information, visitors from outside of the United States acknowledge the this Website is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.