Sparkle Enterprises LLC
[Last Modified: February 23, 2015]
Access to and use of the Program is subject to all applicable laws and regulations. To the extent that access to, or use of, the Program would be deemed illegal by governing law, such access or use is prohibited. As long as you comply with these Terms and any modifications to these Terms as permitted below, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to access and use the Program.
- Use of Materials. Materials on this Site, and materials streamed or downloaded from this Site, including but not limited to videos, music, program materials, articles, software, images, text, graphics, user interfaces, logos and trademarks, and the overall “look and feel” of the Site (collectively referred to as the “Material”), are owned or licensed by us and are protected under various intellectual property laws.
Except as otherwise indicated on this Site, copying, reproduction, downloading, uploading to the Internet or other uploading, transmitting or any other use of the Material, in whole or part, without our express written permission, is prohibited. However, if you have an Account (described below) with us, you may, stream and/or download digital program videos and their related documents for your personal, non-commercial use, provided you agree not to conceal, remove or alter any trademark, copyright or other notice contained on such Material. Your use does not grant you any ownership rights to such Material and we and our licensors reserve all rights to all Material. You may not reverse engineer, decompile, disassemble, create derivative works of or modify any Material. You may not copy, reproduce, download, transmit and/or print any portions of this Site or the Material contained hereon without our express written permission. Any unauthorized use of this Site and/or the Material may subject you to criminal prosecution and/or civil liability under applicable law, and you agree to indemnify and hold us harmless for your failure to comply with this Section. You are responsible for determining whether any permissible streaming or downloading of digital video programs and their related documents will work properly with your equipment, and you are responsible for maintaining your own equipment. Any permissible downloads are licensed to you under these Terms and are not sold to you, even if language such as “purchase”, “order” or “buy” are used.
- Health & Safety Disclaimer. The Program may include yoga, breathing and other health, exercise and lifestyle guidance or programs. If you choose to follow such guidance or programs, please seek the advice of your physician or other qualified health professional before starting or changing any exercise program or making a lifestyle change. This is particularly important if you are overweight, pregnant, nursing, regularly taking medications, or have any existing medical conditions. Do not delay seeking a diagnosis or any medical advice or treatments based on information contained on this Site or in any of the Material available hereon. This Site is not intended to provide medical advice or make medical diagnoses. The Material on this Site may not be tailored to match your energy, health, emotional or fitness level. If you are concerned about whether any exercises, health or lifestyle guidance programs identified on this Site or in any of the Material are right for you, do NOT do them unless and until you have cleared it with your physician. Some of the Material available on this Site may involve rigorous exercise. For your safety, please make sure you exercise in a large well-lit area that is free from obstacles and that you wear comfortable clothing that doesn’t inhibit movement. Stop exercising and consult your physician if you feel dizzy, faint, light-headed or if you experience any discomfort. Only you can monitor your condition during your workout. You are responsible for exercising within your limits and seeking attention and advice as appropriate. Please do not force or strain. You should stretch before exercising and cool down afterwards. Your failure to warm-up, cool down and stretch properly can result in personal injury. Avoid alcohol and or heavy meals for 2 hours before workouts. Drink fluids (preferably water) before, during and after workouts. The creators, owners and distributors of this Site and the Material available hereon are not responsible for any injuries you may experience from your use of this Site and the Material contained hereon, and since everyone is unique, do not make any guarantees that results will be achieved or sustained by individuals using the Site and the Material. By remaining on this Site and/or accessing and / or using any Material, you are accepting that you have read, understood and agreed to follow these basic instructions.
If you choose to participate in any exercise, health or lifestyle guidance programs identified on this Site, in any Material or through the Program, you are participating at your own risk.
- Your Account; Registration. Before you subscribe to any programs or make any purchases on the Site, you must first establish a client account (“Account“). You are responsible for maintaining the confidentiality of your Account information, including your password, and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorized use of your Account or password, or any other breach of security. You may not use anyone else’s password or client account at any time. You may not attempt to gain unauthorized access to the Site or Material. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your Account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your Account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the [My Account] button and selecting the appropriate link. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Site or any Material, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Material, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or any of the systems or networks comprising or connected to the Site. You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all of your data and/or equipment, and to restrict access to your computer or other electronic device to avoid disclosure of such items.
You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Site and your Account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Site or assistance to others’ attempting to do so, (2) overcoming software security features limiting use of or protecting any Material, (3) discontinuance or material modification of the Site or any service offered on or through the Site, (4) violations of these Terms, (5) failure to pay for subscriptions or purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that we will not be liable to you or to any third party for termination of your access to the Site.
While we take reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we can prevent unauthorized access to your private information. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
- Conditions of Sale and Payment Terms; Methods of Payment, Credit Card Terms and Taxes. To purchase any on-line programs, goods and/or services on our Site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, and (b) be a natural person (no corporations, partnerships or other legal entities). Prior to the purchase of any programs, goods or services on our Site, you must provide us with valid payment information for your credit card, PayPal account or other information that is required by us or our third party payment processing service to process your payment. By submitting that information to us, you hereby agree that you authorize us to charge your account at our convenience but within thirty (30) days of credit authorization. Unless otherwise set forth on the applicable portion of the Site for particular programs, products or services, all sales are final and all charges from those sales are nonrefundable.
For any form of payment we offer or accept, you hereby agree to all restrictions, terms and conditions associated with such form of payment. E.g., your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD OR ACCOUNT BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) in U.S. dollars at the rates in effect when the charges were incurred. Unless you notify us of any discrepancies within thirty (30) days after they first appear on your credit card or account statement, you agree that they will be deemed accepted by you for all purposes. If we do not receive payment from your credit card or account issuer or its agent, you agree to pay all amounts due upon demand by us or its agents. You shall also be responsible for any expenses and/or fees (including but not limited to attorneys’ fees) we incur in collecting past due amounts from you. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. We will automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities where we deem it is required.
- Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason, including, without limitation, if the programs, goods or services were listed at an incorrect price or contain typographical errors. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item due to production or other difficulties. Your order will be deemed accepted by us upon your receipt of authorization for on-line programs, shipment of products or performance of services that you have ordered, as indicated by our servers. Title to merchandise and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order.
- Modifications to Prices or Billing Terms. WE RESERVE THE RIGHT, AT ANY TIME, TO CHANGE OUR PRICES AND BILLING METHODS FOR PROGRAMS, PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SITE OR BY E-MAIL DELIVERY TO YOU.
- Links. This Site may contain links to other websites that we do not control and/or maintain. Access to and use of such other websites is at your own risk and subject to any terms, conditions and privacy policies that govern such websites, which may be different from ours and/or which may provide their users with less security than this Site. By providing such links, we shall not be deemed to endorse, recommend, approve or guarantee any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. We are not responsible for the content contained on any such sites, or for the failure of any program, product or service offered for sale on any such sites or for any damages that may result therefrom. Copyrights in the materials or information on the linked sites are owned by other organizations.
- User Submitted Content. On certain sections of this Site, you may be permitted to post comments, information, creative works (including but not limited to audio or audiovisual works) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that we have no responsibility for, or ownership of, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms. With respect to all User Content that you post, you represent and warrant that: (i) the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights), and to grant, and you hereby do grant, us and all users of this Site a world-wide, non-exclusive, royalty-free license that can be fully assigned and sub-licensed, to use such User Content in connection with the use and promotion of the Site; (ii) such User Content will not infringe the rights of any person or entity, or violate any governmental rule, regulation statute or law, or these Terms; (iii) no money will be owing to any party as a result of the posting of the User Content or its use in connection with this Site and/or the promotion thereof; (iv) you will be responsible for all User Content submitted through your Account or email address, and for all purposes under these Terms, all submissions from your Account or email address shall be deemed to have been submitted by you.
We have no control over, and do not endorse, any User Content and we expressly disclaim any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights we have under these Terms and at law or in equity, we reserve the right in our sole and absolute discretion, to: (i) remove without notice, or refuse to post in the first instance, any User Content; and/or (ii) revoke any user’s right to use this Site.
Any User Content sought to be posted at the Site must conform, in our sole and exclusive opinion, to the following rules and standards. It must: (i) conform to all applicable laws, (ii) be appropriate in the context of the general purposes of the Site; (iii) not be obscene, pornographic, patently offensive, hateful, abusive or promote racism or discrimination of any kind; (iv) not provide personal information related to the user submitting such User Content, or solicit such information from any other user of the Site; (v) not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;” (vi) not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; (vii) not contain any material or images owned by any other person or entity unless the user submitting such User Content has obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by this Site; and (viii) be only for non-commercial purposes.
If you are a registered user of this Site who is a California resident and under 18 years of age, and you posted content on this Site, you can e-mail us at email@example.com for us to remove your post from our Site, but you must label your e-mail in the subject line with “California Removal Request”, provide us with your registered username along with a description of the content you want removed and information reasonably sufficient for us to locate the material, so we can process your request and contact you if we have questions. We won’t be responsible for requests that don’t meet these requirements and we may not be able to respond if you do not provide us with complete information.
- Copyright Infringement Policy. We value intellectual property and respect the intellectual property rights of others, and will remove materials on the Site that infringe the copyrights of others or that we have a good belief infringes, and may terminate the offending user’s account privileges. If you believe that your copyrighted material may have been infringed by material contained on the Site, then pursuant to Title 17, United States Code, §512, you may notify our Designated Agent in writing as follows:
Name of Designated Agent: Kerry Lee Smith
Address: Sparkle Enterprises LLC
4980 North Harbor Drive, Suite 200
San Diego, California 92106
Telephone number: (619) 631-8569
Electronic Mail Address: firstname.lastname@example.org
In your notice, you must include the following:
(i) a physical or electronic signature of the owner of an exclusive right that is allegedly being infringed or of a person authorized to act on behalf of such owner;
(ii) identification of the copyrighted work(s) that is (are) allegedly being infringed;
(iii) identification of the materials that are allegedly causing the infringement and that are desired to be removed, along with sufficient information to allow us to locate such materials;
(iv) contact information (i.e., name, address, email address) sufficient to enable us to contact you;
(v) a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
(vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.
- Additional/Different Terms. Certain pages or sections of this Site, as well as certain programs, may contain terms and conditions of use which are in addition to or different from these Terms. In the event there is a conflict between such additional and/or different terms and conditions of use and these Terms, the additional and/or different terms and conditions of use will govern with respect to those specific pages, sections or programs to which they apply.
- Limitation of Liability and Use Disclaimer. We are not responsible for any damages or loss related to the use of this Site, the Program, or downloads, programs, products or services from this Site. THIS SITE, ALL MATERIAL CONTAINED ON THIS SITE, ALL PROGRAMS, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE SITE, THE PROGRAM AND THEIR FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES WITH RESPECT TO THE SITE OR THE MATERIALS, PROGRAMS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM INCLUDING BUT NOT LIMITED TO NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, RESULTS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. ANY INFORMATION CONTAINED WITHIN THIS SITE OR THE PROGRAM IS SUBJECT TO AMENDMENT, REVISION OR UPDATING WITHOUT NOTICE AT ANY TIME. WE RESERVE THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO PROGRAMS OR TO THE PAGES OF THIS SITE WITHOUT NOTICE AT ANY TIME AND ACCEPT NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS SITE OR ANY MATERIALS, PROGRAMS, PRODUCTS OR SERVICES CONTAINED HEREON OR DOWNLOADED HEREFROM, FROM ANY COMPUTER VIRUS, DELAY OR MALFUNCTION, FROM THE PROVISION OF OR FAILURE TO PROVIDE PROGRAMS, PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PROGRAMS, PRODUCTS, SERVICES AND MATERIAL OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR THE PROGRAM WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR POSTED ON THE SITE, OUR MAXIMUM LIABILITY IS LIMITED TO ANY AMOUNTS YOU ACTUALLY PAID TO US FOR THE PROBLEMATIC PROGRAMS, GOODS OR SERVICES. WE ARE NOT RESPONSIBLE FOR ANY DELAYS IN SHIPMENT OR DELIVERY DUE TO INACURATE OR INCOMPLETE ORDER INFORMATION SUCH AS YOUR BILLING OR SHIPPING ADDRESS. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Certain jurisdictions prohibit the limitation of liability for certain types of damages, and accordingly, such limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent allowable under applicable law.
- Transmitting, Streaming and Downloading. We are not responsible for any damages incurred as a result of any interruption, transmission blackout, delayed transmission or incorrect data transmission over the Internet.
We do not warrant or represent that this Site, the Program or any Material will meet your requirements, that access or streaming or downloading of permitted programs or related Material will not be interrupted or delayed, that there will be no failures, errors or omissions or loss of transmitted information, that no viruses will be transmitted or that no damage will occur to your computer system or electronic device.
- Indemnity. You agree to indemnify, defend and hold harmless us, our parent, subsidiary and affiliated entities, and each of their respective owners, officers, directors, employees and agents from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) arising from or in connection with: (i) your use of the Site, the Program, or Materials (whether on the Site, streamed or downloaded); (ii) any violation by you of these Terms or your violation of any law, regulation or third-party right; and/or (iii) any User Content you submit to the Site. You agree that your representations and warranties, and your obligation to indemnify us, shall survive beyond any term that these Terms are in effect.
- Electronic Communications. When you communicate with us electronically, via email or otherwise, when you set up an Account with us, and each time you make a purchase from, or stream or download a permitted program or related Materials from, the Site, you consent to receive electronic communications from us. You agree that all communications (including, but not limited to all notices, agreements and disclosures) we provide to you electronically satisfy any legal requirement that such communication be in writing. If you receive marketing e-mails from us and wish to opt out, you may follow the opt-out procedures set forth in such marketing e-mails.
- Changes in Policy. From time to time, the policies set forth in these Terms may change. We will post changes to the Terms at this Site, and any changes will become effective immediately upon being posted unless we tell you otherwise. Please review these Terms often so that you will remain abreast of our current policies. Your use of this Site or the Program, including any purchases you may make from the Site or any streaming or downloading of permitted programs and related Materials from the Site, subsequent to any amendment of these Terms will signify your acceptance of, and assent to, its revised terms and that such revised terms shall be applicable.
- Acquisition of Business. In the event we are involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of our business and/or assets, you hereby acknowledge and agree that this Site, all data collected on this Site, and all of our rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, we will post a notice to such effect on this Site.
- Contact Us. If you have any questions concerning the Site or any of the policies set forth in these Terms, please contact us at:
Sparkle Enterprises LLC
4980 North Harbor Drive, Suite 200
San Diego, California 92106
Attn.: Kerry Lee Smith
- Applicable Law/Dispute Procedures. Use of this Site and the Program, and these Terms, are be governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute concerning your use of this Site or the Program shall be submitted to binding arbitration in San Diego County, California within one (1) year from the date that the cause of action arose (or, if multiple causes of action are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms may be joined to any other arbitration initiated pursuant to these Terms.
Notwithstanding anything to the contrary set forth in these Terms, we may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of California, in the event that we believe you have violated or threatened to violate any of our intellectual property rights, and you hereby consent to the exclusive jurisdiction and venue of such courts.
In the event any portion of these Terms are deemed unenforceable, unlawful or void by a court of competent jurisdiction, in any jurisdiction for any reason because of the scope, duration or area of its applicability or for other reasons, unless narrowed by construction, the provision shall for purposes of such jurisdiction only, be construed as if the invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the court making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, court-modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by us of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or demand compliance with any provision of these Terms shall not be deemed to constitute a waiver of any such right or provision.
Copyright 2015 Sparkle Enterprises LLC. Live a Life to Love and the Live a Life to Love logo (or any other applicable mark) are trademarks or registered trademarks of Sparkle Enterprises LLC. All other marks are either trademarks or registered trademarks of their respective owners. All rights reserved.