Terms of Service

Introduction

By using Sprinklepenny ("Service") of Sprinkle Penny Limited (registered in England and Wales with registration number 6882492), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

Sprinkle Penny Limited reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.

Violation of any part of the Terms of Service will result in termination of your account.

Account Terms

You are responsible for maintaining the privacy and security of your account. Sprinklepenny will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.

Copyright and Ownership

  1. Sprinklepenny owns the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service without Sprinklepenny's express permission.
  2. Sprinklepenny claims no intellectual property rights over the Content of the Publishers who are registered with Sprinklepenny and takes no responsibility for their content or use.
  3. Sprinklepenny may contain links to third-party websites that are not owned or controlled by Sprinklepenny. Sprinklepenny has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Sprinklepenny will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Sprinklepenny from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave Sprinklepenny and to read the terms and conditions and privacy policy of each other website that you visit.
  4. Sprinklepenny and its logos are trademarks of Sprinkle Penny Limited. All other trademarks appearing on Sprinklepenny are the property of their respective owners.
  5. Sprinklepenny has a zero tolerance policy for infringement on another's copyrights and other intellectual property rights. It is Sprinklepenny's policy to expeditiously remove content that it believes may contain material that infringes upon the copyrights or other intellectual property rights of third parties and to terminate the accounts of all Sprinklepenny publishers who are repeat offenders of Sprinklepenny's copyright policies and these Terms of Service.

General Conditions

  1. Your use of the Service, including any content, information or functionality contained within it, is provided "as is" and "as available" with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
  2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Sprinklepenny.
  3. You may not use the Service to store, host, or send unsolicited email (spam).
  4. You may not use the Service to transmit any viruses, worms, or malicious content.
  5. Sprinklepenny makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
  6. Sprinklepenny, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
  7. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
  8. The failure of Sprinklepenny to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Sprinklepenny as to the Service and supercedes any prior agreements between you and Sprinklepenny (including, but not limited to, prior versions of the Terms of Service).

Warranty Disclaimer

  1. You agree that your use of the Sprinklepenny service shall be at your sole risk. To the fullest extent permitted by law, Sprinklepenny, its parent company and affiliates, officers, directors, employees, and agents disclaim all warranties, express, implied, or statutory, including without limitation, warranties of merchantability or fitness for a particular purpose in connection with the site and your use thereof. Sprinklepenny makes no warranties or representations about the accuracy or completeness of the site's content or the content of any sites linked to the site 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 our website, (iii) any unauthorized 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 our website, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or (v) 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 content posted, emailed, transmitted, or otherwise made available via the Sprinklepenny service. Sprinklepenny does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Sprinklepenny service or any hyperlinked website or featured in any banner or other advertising, and Sprinklepenny 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. 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.

Limitation of Liability

  1. In no event shall Sprinklepenny or its parent, affiliates, subsidiaries, partners or licensors or any of their respective officers, directors, employees and/or agents be liable to you or any third party for direct, indirect, special, exemplary, punitive or other consequential or incidental damages (including but not limited to any lost profits or revenue, business interruption, loss of programs or other data on your information handling system or otherwise) arising directly or indirectly from your use of the Sprinklepenny service, or any content, products or services distributed on or provided through the Sprinklepenny service whether as a result of errors, omissions, loss of data, defects, viruses, interruptions or delays in operation or transmission, or any other cause, whether based on warranty, contract, tort or any other legal theory, even if Sprinklepenny or its suppliers have been expressly advised of the possibility of such damages. Without limiting the generality of the foregoing, Sprinklepenny assumes no liability for: any errors, mistakes or inaccuracies in or of any content, including, without limitation, any and all user content, videos, images, graphics, and other material; personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sprinklepenny services; any unauthorized access to or use of the Sprinklepenny servers or its third party server partners and/or any personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the site; any viruses, bugs, trojan horses, worms or other malicious code which may be transmitted to or through the site by any third party; and/or any loss or damage of any kind incurred as a result of the use of the Sprinklepenny service or any content, without limitation, any and all user content, videos, images, graphics, and other material, posted, emailed or otherwise made available through the Sprinklepenny service.
  2. You specifically acknowledge that Sprinklepenny shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

Indemnification

  1. You agree to defend, indemnify and hold harmless Sprinklepenny and its parent, affiliates, subsidiaries and distribution partners and their respective officers, directors, employees and/or agents (collectively, "Sprinklepenny Indemnitees") from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys fees) arising from: (1) your use of and access to the Sprinklepenny Service; (2) your violation of any term of these Terms of Use; (3) your violation, alleged or actual, of any third party right, including without limitation any copyright, property, or privacy right; (4) any claim that any of User Content you upload and publish on the Sprinklepenny Service caused damage to a third party; or (5) your gross negligence or willful malfeasance (collectively, "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or any and all expenses resulting from the foregoing to both a third party and to the Sprinklepenny Indemnitees. Sprinklepenny shall have the right, in its sole discretion, to select its own legal counsel to defend the Sprinklepenny Indemnitees from any Claims (but by doing so shall not waive your indemnity obligations), and you shall be solely responsible for the payment of all reasonable attorneys fees incurred by the Sprinklepenny Indemnitees in connection therewith. You shall not, without the prior express written approval of Sprinklepenny , settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any Sprinklepenny Indemnitee. This defence and indemnification obligation will survive these Terms of Use and your use of the Sprinklepenny Service.

Right to Modify

  1. Sprinklepenny shall have the right to modify these Terms of Service, the Privacy Policy, User Agreement, Publisher agreement and other rules, guidelines and directions at any time, which modification shall be effective immediately following Sprinklepenny's posting of such change on the Service. We recommend that you check the Service regularly for any such changes. Your use of the Sprinklepenny Service following such posting shall be deemed to constitute your acceptance of such modification. These Terms of Service may not otherwise be changed or modified, except in a writing signed by an authorized representative of Sprinklepenny.

Further Information

If you have any questions about these Terms of Service, please email us at support@sprinklepenny.com.

Last Updated 21st July 2009.