Privacy Policy

PRIVACY

Our Privacy Policy describes the collection and use of information on the Site (https://www.spragglers.com).

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, Spragglers shall issue you a refund.

Product Information

Most Spragglers products displayed on the Site are available in select outlet stores while supplies last. In some cases, all merchandise displayed on the Site may not be available for sale in stores.

User-Generated Content

1. Generally

By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to Spragglers a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant Spragglers and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant Spragglers the right to pursue at law any person or entity that violates your or Spragglers’ rights in the User Generated Content by a breach of these Conditions.
User Generated Content submitted by users is deemed non-confidential and Spragglers is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, Spragglers reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. Spragglers is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by Spragglers or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release Spragglers from any claims that you could otherwise assert against Spragglers by virtue of any moral rights.

2. Use of Chat Rooms, Bulletin Boards and Other Interactive Areas

The Site may contain forums, blogs, bulletin boards or other interactive areas in which you or third parties may post content, messages, materials or other items on the Site (the “Interactive Areas”). If Spragglers provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Areas, you will not post, upload, transmit, distribute, store, create or otherwise publish any of the following:

  1. Material that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  2. Material that promotes illegal drug use, tobacco or firearms use;
  3. Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
  4. Material that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  5. Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
  6. Unsolicited advertising or links to other commercial sites;
  7. Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
  8. Viruses, corrupted data or other harmful, disruptive or destructive files;
  9. Material that is unrelated to the topic of the Interactive Area(s) in which such material is posted;
  10. Material that communicates messages inconsistent with the positive good will of Spragglers; or
  11. Material that, in the sole judgment of Spragglers, is objectionable, or which may expose Spragglers or its users to any harm.

Spragglers takes no responsibility and assumes no liability for any User Generated Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is Spragglers liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Areas, Spragglers is not liable for any statements, representations or User Generated Content provided by its users on this Site. Although Spragglers has no obligation to screen, edit or monitor any of the User Generated Content posted to or distributed through any Interactive Area, Spragglers reserves the right, and has sole discretion, to remove without notice any User Generated Content posted or stored on the Site. Any use of the Site, including the Interactive Areas, in violation of these Conditions may result in termination or suspension of your permission to use the Site.

3. COmments and Submissions

Anything that you submit or post to the Site and/or provide Spragglers, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and nonproprietary, and Spragglers shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of Spragglers and shall not be returned to you. Spragglers is and shall be under no obligation (A) to pay any compensation for any Comments and (B) to respond to any Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that Spragglers may use and/or disclose information consistent with our Privacy Policy.

COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Spragglers that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):

  1. A clear identification of the copyrighted work you claim was infringed.
  2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
  3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
  4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
  5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
  6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Site should be emailed to:

legal@spragglers.com

We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, please note that you may be liable for damages (including, but not limited to, costs and Lawyer fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act and other applicable law, Spragglers has adopted a policy of terminating, in appropriate circumstances and at Spragglers’ sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Spragglers may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Indemnification

You agree to defend, indemnify and hold harmless Spragglers, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

Merchant and Advertisement Disclaimer

You may have access to certain third party product or service providers (“Merchants”) from which Spragglers products and gift vouchers are advertised or available for purchase. You acknowledge that Spragglers does not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. You agree that use of or purchase from such Merchants is without warranties of any kind by Spragglers. Spragglers is not a party to the transactions between you and Merchants and Spragglers is not liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant websites. All rules, legal documents including privacy policies and operating procedures of Merchants will apply to you while on any Merchant websites.

Choice of Law

These Conditions are effective unless and until terminated by either you or Spragglers. You may terminate these Conditions at any time. Spragglers also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Spragglers’ sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.

Link to Other Websites

In no event shall Spragglers or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if Spragglers has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Spragglers for dissatisfaction with the site or any content is to stop using the site.

Disclaimer

This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, Spragglers disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Spragglers does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Spragglers does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Spragglers reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

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