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Terms and Conditions
Welcome to www.sparklersrus.com (“Site”). Blaise Pyrotechnics LLC and/or its affiliates (“BPLLC”) provide website features to you subject to the following terms and conditions.
IF YOU (“CUSTOMER”) VISIT OR SHOP AT WWW.SPARKLERSRUS.COM, YOU ACCEPT THESE TERMS AND CONDITIONS (“AGREEMENT”). PLEASE READ THE ENTIRE AGREEMENT VERY CAREFULLY BEFORE PURCHASING ANY PRODUCT ON THIS SITE. THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN.
SPARKLERS ARE FLAMMABLE AND MAY BE DANGEROUS TO USE. SPARKLERS SHOULD NOT BE USED BY CHILDREN. ANY SPARKLER PURCHASED FROM THIS SITE SHOULD BE USED ONLY IN STRICT CONFORMANCE WITH THE MANUFACTURERS’ WARNINGS AND INSTRUCTIONS CONTAINED ON THE SPARKLERS’ PACKAGING. CUSTOMER AGREES TO USE ANY SPARKLER FROM THIS SITE AT HIS OR HER OWN RISK AND SHALL INDEMNIFY BPLLC FROM ANY HARM, INJURY OR CLAIM RESULTING FROM SUCH USE.
YOUR ACCOUNT; ELIGIBILITY
This Site is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on this Site. Additionally, you may not make a purchase from our Site unless you are at least 18 years of age. Moreover, you may not make a purchase from this site if you are a resident of New York, New Jersey, Delaware or Massachusetts.
CUSTOMER AGREES, REPRESENTS, WARRANTS AND/OR ACKNOWLEDGES THAT (A) ALL SPARKLERS SHOULD BE USED IN STRICT CONFORMANCE WITH AND ACCORDING TO THE MANUFACTURERS’ WARNINGS AND INSTRUCTIONS; (B) THE SPARKLERS SOLD ON THIS SITE ARE FLAMMABLE AND SHOULD NOT BE USED BY CHILDREN; (C) SPARKLERS ARE FOR OUTDOOR USE ONLY; (D) USER MUST NEVER TOUCH GLOWING WIRE; (E) SPARKLERS ARE TO BE HELD IN HAND WITH ARM EXTENDED AWAY FROM BODY; (F) USER SHALL KEEP BURNING END OR SPARKS AWAY FROM WEARING APPAREL OR OTHER FLAMMABLE MATERIAL; (G) USER WILL HOLD AND LIGHT ONLY ONE SPARKLER AT A TIME; AND (H) AFTER USE USER SHALL PLACE WIRE IN WATER.
Customer further agrees, represents, warrants and/or acknowledges that Customer (a) is not a resident of New York, New Jersey, Delaware or Massachusetts; (b) will not transport any sparkler purchased form this Site to New York, New Jersey, Delaware or Massachusetts or use any sparkler purchased from this Site in New York, New Jersey, Delaware or Massachusetts or any other jurisdiction or territory where such use is prohibited by law; (c) will not violate any applicable state or local law or ordinance, including but not limited to, any seasonal or temporary ban on burning or the use of sparklers, by purchasing, possessing or using a sparkler purchased from this Site; and (d) will comply with all applicable state and local laws or ordinances pertaining to the purchase, possession or use of sparklers whether in effect at time of purchase or enacted thereafter.
Customer further agrees, represents, warrants and/or acknowledges that Customer (a) has not previously been suspended or removed from the Site; (b) does not have more than one Site account; and (c) has full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which Customer is a party.
In order to make a purchase from this Site, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner or a screen name that is defamatory, derogatory or otherwise offensive as deemed by BPLLC in its sole discretion. BPLLC reserves the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names or for any other reason.
In consideration of your use of the Site, Customer agrees to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to BPLLC; and (d) promptly notify BPLLC if you discover or otherwise suspect any security breaches related to the Site.
By using this Site, Customer is responsible for maintaining the confidentiality of his/her account and password and for restricting access to Customer’s computer, and customer agrees to accept responsibility for all activities that occur under his/her account or password. BPLLC does NOT sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may NOT use BPLLC.com. BPLLC reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
LICENSE AND SITE ACCESS
All content included on this site, including but not limited to, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other files, is the property of BPLLC or its content suppliers and protected by United States and international copyright laws.
BPLLC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BPLLC. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BPLLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BPLLC without express written consent. You may not use any meta tags or any other “hidden text” utilizing BPLLC's name or trademarks without the express written consent of BPLLC. Any unauthorized use terminates the permission or license granted by BPLLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BPLLC.com so long as the link does not portray BPLLC, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BPLLC logo or other proprietary graphic or trademark as part of the link without express written permission.
You agree that you will not violate any law, contract or intellectual property or other third party right or commit a tort. You also agree to abide by this Agreement and not to:
A. Use the Site in any unlawful manner or in any manner that could damage, disable, overburden or impair the Site;
B. Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Site for the purposes of sending spam;
C. Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract data;
D. Reverse engineer any aspect of the Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
E. Solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes;
F. Use or attempt to use another's account without authorization from BPLLC;
G. Attempt to circumvent any content filtering techniques we employ or access any service or area of the Site that you are not authorized to access;
H. Engage in any harassing, intimidating, predatory or stalking conduct;
I. Develop any third-party applications that interact with user content and our Site; or
J. “Frame” our Site or otherwise make it look like you have a relationship to us or that we have endorsed you for any purpose.
BPLLC is not responsible or liable for the conduct of, or your interactions with, users of the Site (whether online or offline), nor is BPLLC responsible or liable for any associated loss, damage, injury or harm. Although BPLLC has no obligation to monitor any user conduct on the Site, BPLLC reserves the right and has absolute discretion to monitor any user conduct on the Site at any time and for any reason without notice. BPLLC does not approve or endorse any user-posted meetings or events referenced on the Site and BPLLC recommends exercising caution before contacting or meeting anyone (online or offline) that is unfamiliar to you.
When you visit BPLLC.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If BPLLC decides to proceed non-electronically, those transactions will still be governed by the remainder of this Agreement unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of this Agreement and any other contract or disclosure that we are required to provide to you.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BPLLC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant BPLLC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BPLLC and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BPLLC for all claims resulting from content you supply. BPLLC has the right but not the obligation to monitor and edit or remove any activity or content. BPLLC takes no responsibility and assumes no liability for any content posted by you or any third party.
Additionally, BPLLC provides links to the sites of affiliated companies and certain other businesses. BPLLC is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. BPLLC does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
All content included on this site, including but not limited to, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software and other files, is the property of BPLLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of BPLLC and protected by U.S. and international copyright laws. All software used on this site is the property of BPLLC or its software suppliers and protected by United States and international copyright laws.
Only valid credit cards or other payment method acceptable to BPLLC may be used and all refunds will be credited to the same card or, in our discretion, other method. By submitting your order, Customer represents and warrants that Customer is authorized to use the designated card or method and authorizes BPLLC to charge your order (including taxes, shipping, handling and any other amounts described on the Site) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Customer agrees to keep all payment cards or other payment method information current and that BPLLC may submit charges for processing even if the card (or other method) has expired or changed by the time we submit it. You must resolve any problem BPLLC encounters in order to proceed with your order.
SHIPPING; RISK OF LOSS
BPLLC does not ship to any address in New York, New Jersey, Delaware or Massachusetts. All items purchased from BPLLC are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Customer agrees to pay the shipping and any handling charges shown on the Site when your order is placed. BPLLC reserves the right to increase, decrease and add or eliminate charges from time to time and without prior notice, Customer hereby agrees to check all charges before placing an order or signing up for a service. Generally, shipping is by standard ground delivery. Any shipping or handling charges may or may not reflect actual costs. As stated above, all orders are shipment contracts, not destination contracts. Any shipping times shown on the Site are estimates only – actual delivery dates may vary. You agree that you will not obtain or direct shipment of product for export.
RETURNS, REFUNDS AND TITLE
BPLLC will accept the return of all unused products within 60 days from the date of purchase. For all unused products returned within the time frame detailed above, BPLLC will offer a full refund minus the shipping cost (or if the product being returned included free shipping a $5.00 shipping charge will be subtracted) and a 15% restocking fee.
BPLLC does not take title to returned items until the item arrives at our shipping center. At our discretion, a refund may be issued without requiring a return. In this situation, BPLLC does not take title to the refunded item.
BPLLC attempts to be as accurate as possible when describing a specific product. However, BPLLC does not warrant that product descriptions, or other content of this Site, are accurate, complete, reliable, current, or error-free. If a product offered by BPLLC itself is not as described, your sole remedy is to return it in unused condition.
Customer shall indemnify, protect, defend (with counsel acceptable to BPLLC) and hold harmless BPLLC and its owners, affiliates, partners, officers, directors, employees, contractors, and agents from all liability, judgments, costs, damages, claims or demands, including reasonable attorneys’ fees, asserted by Customer, or any third party, arising out of or related to (a) Customer’s purchase of any product offered for sale on this Site; (b) Customer’s use of any product purchased through the Site; and (c) any accident, injury, death, or damage to any person or property caused by any product purchased by Customer from this Site. BPLLC need not first have paid any such expense in order to be so indemnified. BPLLC agrees to notify Customer promptly following BPLLC’s learning of any such claims, provided that BPLLC’s failure to provide such notice shall not diminish Customer’s obligations hereunder.
Customer shall indemnify, protect, defend (with counsel acceptable to BPLLC) and hold harmless BPLLC and its owners, affiliates, partners, officers, directors, employees, contractors, and agents from all liability, judgments, costs, damages, claims or demands, including reasonable attorneys’ fees, asserted by Customer, or any third party, arising out of or related to (a) Customer’s use of the Site; (b) any user content Customer posts, uploads, uses, distributes, stores or otherwise transmits on or through the Site; (c) any submissions Customer provides; (d) Customer’s violation of this Agreement; (e) Customer’s violation of any rights of another; and/or (f) Customer’s conduct in connection with the Site. Some jurisdictions limit consumer indemnities, so some or all of the indemnity provision above may not apply to you.
LIMITATION OF LIABILITY
In the event BPLLC is in breach of this Agreement, or is otherwise negligent in the performance of this Agreement, Customer shall not be entitled to recover damages from BPLLC beyond the purchase price due to BPLLC under this Agreement. Customer shall not be entitled to recover any consequential damages from BPLLC including, but not limited to, lost income, lost business, or lost profits.
BPLLC AND ITS OWNERS, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY WHICH AT ANY TIME MAY BE SUFFERED OR SUSTAINED BY CUSTOMER OR ANY THIRD PARTY FROM THE USE OF ANY PRODUCT PURCHASED FROM THIS SITE, WHETHER SUCH LOSS, INJURY, DEATH OR DAMAGE SHALL BE CAUSED BY OR IN ANY WAY RESULT FROM OR ARISE OUT OF ANY ACT, OMISSION, OR NEGLIGENCE OF CUSTOMER OR SHALL RESULT FROM OR BE CAUSED BY ANY OTHER MATTER OR THING, AND CUSTOMER SHALL INDEMNIFY BPLLC AGAINST ALL LIABILITY, JUDGMENTS, COSTS, DAMAGES, CLAIMS OR DEMANDS WHATSOEVER ON ACCOUNT OF ANY SUCH LOSS, INJURY, DEATH, OR DAMAGE
IN NO EVENT SHALL BPLLC, ITS OWNERS, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF, OR INABILITY TO USE, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY THE USER ON ANY INFORMATION OBTAINED FROM BPLLC, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BPLLC’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BPLLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE USE OF ANY PRODUCT PURCHASED FROM THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BPLLC FOR ACCESS TO OR USE OF THE SITE OR FOR PRODUCTS PURCHASED ON THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
BPLLC DOES NOT MANUFACTURE ANY ITEM OFFERED FOR SALE ON THIS SITE AND DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY ITEM, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BPLLC SHALL NOT BE LIABLE IN NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY CONTRACT, TORT OR OTHERWISE FOR ANY DAMAGES CAUSED, IN WHOLE OR IN PART, FROM THE USE OF PRODUCTS PURCHASED FROM THIS SITE OR FROM CUSTOMERS USE OF THE SITE.
Except as expressly provided, the Site, site content, user content and services provided on or in connection with the Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. BPLLC DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A)OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, NON-INFRINGEMENT, PRIVACY OR SECURITY; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. BPLLC does not represent or warrant that the Site is accurate,complete, reliable, current or error-free. BPLLC does not represent or warrant that the Site or its servers are free of viruses or other harmful components.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.
CUSTOMER RELEASES BPLLC AND ITS OWNERS, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS FROM ANY AND ALL LIABILITY AND DAMAGES CAUSED, IN WHOLE OR IN PART, FROM THE USE OF ANY PRODUCT PURCHASED FROM THIS SITE OR FROM CUSTOMERS USE OF THIS SITE.
APPLICABLE LAW AND VENUE
By purchasing a product on BPLLC.COM, Customer irrevocably agrees that any dispute, conflict or controverys between you and BPLLC will be prosecuted, litigated, or otherwise pursued in District Courts of Montgomery County and will be governed by the laws of the State of Texas without regard to its conflict of law provisions.
This Agreement constitutes the sole entire agreement among Customer and BPLLC with respect to use of this Site and the sale of products offered through this Site and no representations, warranties, inducements, promises or agreements, oral or otherwise, not embodied or incorporated into this sales agreement have been made concerning or in connection with this Agreement. Any prior discussions or negotiations, agreements, commitments and understandings relating to this sale are superseded by this Agreement and merged into this Agreement.
BPLLC reserves the right at any time and from time to time to modify, amend, alter or discontinue, temporarily or permanently, these terms and conditions, the SPARKLERSRUS.COM SITE and/or BPLLC’S services (or any part thereof) with or without notice. BPLLC shall not be liable to you or to any third party for any modification, suspension or discontinuance. Customer agrees to be bound by any modification, amendment or alteration of these terms and conditions. The failure of either party to insist upon or enforce strict performance by the other party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. BPLLC may assign its rights and obligations under this Agreement and upon such assignment BPLLC may be relieved of any further obligation hereunder. Customer represents to BPLLC that Customer has the authority to register with BPLLC according to these terms and conditions. The failure of BPLLC to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. BPLLC may provide you with notices, including those regarding changes to this Agreement, by electronic mail, regular mail or postings on the Site. BPLLC reserves the right to charge fees, surcharges and/or membership fees at any time.