INTRODUCTION

Welcome to www.sparklestories.com. The sparklestories.com website (the "Site") is operated by Sparkle Stories, LLC ("Sparkle Stories"). www.sparklestories.com, app.sparklestories.com and shop.sparklestories.com are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of sparklestories.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

These Terms of Use apply to you if (a) you are user of the Site over the age of 18 or (b) you are a parent or guardian entering into these Terms of Use on behalf of a child under the age of 18 who will be a user of the Site. If you are a parent or guardian and you provide your consent to your child’s registration or use with the site, you agree to be bound by these terms of use in respect of their use of the site.

 

TERMS

By accessing Sparkle Stories, you are agreeing to be bound by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

 

ELECTRONIC COMMUNICATIONS

Visiting www.sparklestories.com or sending emails to Sparkle Stories constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

SUBSCRIPTIONS, FEES, & PAYMENTS

For paid Services, you must provide Sparkle Stories with a valid credit card to pay for such Services. You acknowledge and agree that only an adult (18 years of age or older) can enter into any transaction or subscription with respect to to such paid Services. Some Services may be available as a one-time purchase, and others can be purchased as a monthly subscription. Depending on where you transact with us and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates. Sparkle Stories does not support all payment methods, currencies, or locations for payment. All applicable taxes are calculated based on the billing information you provide us at the time of purchase.

Upon sign-up for the subscription service via the Free Trial (the “Free Trial”), a new subscriber inputs contact and valid credit card information and gives Sparkle Stories permission to place recurring charges on the credit card. Sparkle Stories utilizes Stripe.com, a secure merchant processor, to manage all subscription payment transactions with full PCI Compliance (as of November 27, 2015). Via Stripe.com, Sparkle Stories automatically bills the subscriber’s credit card each month, and for that fee, subscribers can stream 1200+ audio stories, via the website or the Sparkle App or both. The subscription continues until the user chooses to cancel it. The current subscription cost is $14.99 per month. The Free Trial is only available to first-time users of the subscription service.

If the payment method you use with us, such as a credit card, reaches its expiration date and you do not edit your payment method, Sparkle Stories may suspend your account.

Sparkle Stories reserves the right to change its prices and to institute new charges at any time, upon posting such new pricing on the Site, which may also be sent by email. Use of the Service by you following such notification constitutes your acceptance of any new or increased charges.

 

TRIALS & PROMOTIONS

From time to time, we or others on our behalf may offer promotions, discounts, or trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). Sparkle Stories may determine your eligibility for a trial and withdraw or modify a trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the paid subscription on the first day following the end of the trial on a recurring monthly basis or another interval that we disclose to you in advance. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL BY CLICKING HERE.

All promotions or discounts will be subject to any additional terms specified by Sparkle Stories and, unless otherwise indicated, promotions and discounts may not be combined (i.e., one promotion per order).

 

CANCELLATIONS

Sparkle Stories subscriptions may be cancelled at any time. You will continue to have access to the Sparkle subscription service through the end of your monthly billing period.

The cancellation must be made before the next month’s renewal date or the recurring subscription fee will be charged.

Cancellations may be made by clicking the My Account link in the top right-hand corner of any page on the Sparkle Website. Choose "Account Info" from the Dropdown menu and locate the "Cancel Subscription" link in the top right corner.

Cancellations may also be made by emailing us directly with the subject line “Cancellation Request”: customerservice@sparklestories.com. Cancellation requests sent after business hours will be fulfilled on the following business day. After processing your email request, we will send a reply, including confirmation of the cancellation.

 

REFUNDS

To the extent permitted by the applicable law, payments are non-refundable. We do not provide refunds or credits for any partial-month membership periods or unused Sparkle content.

 

SITE CONTENT & USE

You are granted a non-exclusive, non-transferable, revocable license to access and use www.sparklestories.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Sparkle Stories that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All Content included as part of the Service, such as audio, text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Sparkle Stories or its suppliers and protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights.

You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.

You may, to the extent the Site expressly authorizes you to do so, download or copy the Content and other items displayed on the Site for download for personal use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from Sparkle Stories.

 

COPYRIGHT & TRADEMARK

Unless otherwise indicated, the Terms of Use and all Content provided by Sparkle Stories are copyright © 2019 Sparkle Stories, LLC. All rights reserved.

 

INTERNATIONAL USERS

The Service is controlled, operated, and administered by Sparkle Stories from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Sparkle Stories Content accessed through www.sparklestories.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

 

ARBITRATION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

CLASS ACTION WAIVER

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Sparkle Stories agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

 

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SPARKLE STORIES, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

SPARKLE STORIES, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. SPARKLE STORIES, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SPARKLE STORIES, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SPARKLE STORIES, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

TERMINATION/ACCESS RESTRICTION

Sparkle Stories reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sparkle Stories as a result of this agreement or use of the Site. Sparkle Stories's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Sparkle Stories's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Sparkle Stories with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sparkle Stories with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and Sparkle Stories with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

CHANGES TO TERMS

Sparkle Stories reserves the right, in its sole discretion, to change the Terms under which www.sparklestories.com is offered. The most current version of the Terms will supersede all previous versions. Sparkle Stories encourages you to periodically review the Terms to stay informed of our updates.

 

CONTACT US

Sparkle Stories welcomes your questions or comments regarding the Terms:

Sparkle Stories, LLC, Austin, Texas

  • customerservice@sparklestories.com
  • 802-391-4548

Thank you for reading our Terms. We hope you enjoy Sparkle Stories!

 

Effective as of May 1, 2019

Sparkle Stories