Conditions of Use, Notices & Disclaimers
Updated on February 24, 2009
You Agree to These Terms by Using this Site
When you access to and use of this website ("the Site"), you
are automatically agreeing that they are subject to all
applicable laws and regulations as well as the terms and conditions
in this legal notice, which may change at any time without notice.
If you do not accept and agree, without limitation or qualification,
these Conditions of Use, please do not use this Site. We encourage you
to periodically review it to ensure that you are updated. The last
revised date will be noted at the beginning of the policy.
The Site and all of its contents, including but not limited to
all text, graphics, logos, button icons, images, audio clips, digital
downloads, and data compilations ("Content") are owned and
copyrighted by the Taiga Marketing, Inc. ("Taiga Marketing",
"we", "us") or others with all rights reserved
unless otherwise noted, and they are protected by United States
and international copyright laws.
Your use of any trademarks of Taiga Marketing, Sparkle Sensation,
and each of our affiliates, except as provided in these
Conditions of Use, may not be used without our written permission.
Trademarks include any content that is a logo, a name, a service mark,
and other graphics, page headers, button icons, scripts, and service
names of Taiga Marketing and Sparkle Sensation's products, services,
and programs, and those of our affiliates. All other trademarks
that appear on the Site are the properties of their respective owners.
You are advised that Taiga Marketing will aggressively enforce its
intellectual property rights, including the seeking of criminal prosecution.
Use of the Site
You have permission to use the Site, and electronically copy and print
hard copies of pages from the Site subject to the terms as below:
- You can only use the Contents solely for personal, non-commercial
purposes, provided that you retain all copyright notices contained in
these Conditions of Use;
- Unless we give you written permission in advance, or
you may not distribute, modify, copy (except as set forth above),
transmit, display, reuse, reproduce, publish, license,
transfer, sell or otherwise use the Site's Content;
- You are strictly prohibited from using the Site to perform
or encourage any activities that would be considered as illegal or
give rise to civil liability. Taiga Marketing will fully cooperate
with any law enforcement authorities requesting us to disclose the
identity of anyone who violate the law;
- You may not post or transmit any computer virus, worm, Trojan
horse, Easter egg, time bomb, or spyware, and hijack the operation
of any hardware, software, or equipment through or in connection
with the Site; and
- You may not disrupt the operation of the Site or its servers and
networks, or violate any requirements, procedures, policies, or terms
and conditions of such networks.
Errors & Inaccuracies
Our team will try the best to provide complete and accurate information
on the Site. However, the Site may contain mistakes or omissions,
where some of which may relate to pricing and availability. We
reserve the right to correct any mistakes or omissions, including
after an order has been submitted, and to change or update
information at any time without prior notice. We sincerely
apologize for any inconvenience this may cause.
Links to outside sites we do not control:
For your convenience, our sites may contain links to other sites
operated by other third parties. Taiga Marketing is not responsible
for the Conditions of Use on any of these outside sites. If you
have activities at these sites, you are subject to their terms and
conditions. Taiga Marketing does not endorse the content, or any
products or services available, on such sites. They are independent
from us, and we have no control over their activities.
Disclaimer of Liability
We make no representations or warranties of any kind, either
expressed or implied, with respect to the Site, its content, or
the information available on it; they are provided "as
is," with all faults. Except as otherwise provided under applicable
laws, neither Taiga Marketing, nor any of its directors, officers,
employees, agents, contractors, successors and assigns of each, will
be liable for any damages whatsoever arising out of or related
to the use of the Site or any other site linked to it. This
limitation of liability applies to direct, indirect, incidental, consequential,
special, punitive or other damages you or others may suffer, as well
as damages for lost profits, business interruption or the loss of data
or information, even if we are advised in advance of the possibility of
any such damages.
We do not want to receive any confidential or proprietary information
through the Site, besides from the necessary information for processing
an order or providing our services. Any other information or materials sent
to us through the Site will be considered as non-confidential. By
submitting it, you are granting us an irrevocable and unrestricted
license to use, modify, reproduce, transmit, display and distribute it
for any purpose whatsoever, with no payment or other compensation to you.
Applicable Law & Jurisdiction
By using the Site, you agree that the laws of the state
of Illinois, USA, without regard to its choice of law provisions, will
govern these Conditions of Use and any dispute that might arise
between you and us.
The Site is controlled and operated by Taiga Marketing
from the United States, and is not intended to subject Taiga Marketing
to the laws or jurisdiction of any territory other than that of the
United States. You are responsible for complying with all local laws,
rules and regulations, if and to the extent applicable.
Any dispute relating in any way to your visit to the Site
or to products purchased here shall be submitted exclusively to confidential
arbitration in Spring Grove, Illinois, USA. However, if you have in any manner
violated or threatened to violate our intellectual property rights,
we may seek injunctive or other appropriate relief in any state
or federal court in the state of Illinois. You consent to exclusive
jurisdiction and venue in such courts. Any arbitration under this
agreement shall be conducted under the prevailing rules of the
American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration with respect to the Site or to products purchased
here shall be joined to an arbitration involving any other party,
whether through class arbitration proceedings or otherwise.
Software and other materials from the 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 other 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.
Protecting Your Information
As part of our ongoing commitment to ensure that your shopping
experience with the Site is protected, we will prosecute all
unauthorized or fraudulent transactions to the fullest extent allowed
We strongly encourage you to read our Conditions of Use before using
the Site. By using the Site, you agree to the terms and
conditions set forth in this statement. If you do not accept
the terms and conditions of this Conditions of Use, please do not use