:: Terms and Conditions of Use of Sprinkal.com ::

Updated: 01/11/2007.

1. Availability of Services

• Sprinkal.com endeavours to make their services available 100% of the time. However, due to the nature of the Internet, and circumstances beyond our control, updates and maintenance operations that must be performed, it is impossible in practice to achieve this. Sprinkal.com has consistently mainained server uptim of above 99.9% since its creation. Any operations that require the servers or services to be out of service will always be scheduled over night or during school holidays when they will cause the least disruption. Sprinkal.com will not be held responsible for loss of service outside of its reasonable control.

2. Member's Responsibilities

• Members agree to be bound by these terms and conditions, and to use the Sprikal.com website in a manner that is in-keeping with all laws of England and Wales, and in keeping with the moral and ethical standards of the education community.
• Members are responsible for reporting any potential infringement of the Sprinkal.com terms and conditions in a timely manner through the website, or by writing to Get With It Web Services Ltd. 89 Fir Tree Avenue, Coventry, England.

3. Standards of Conduct

• Posting or transmitting any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.
• Post or transmit any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component;
• Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Sprinkal.com Site which is protected by copyright, or other intellectual property right, or derivative works with respect hereto, without obtaining permission of the copyright owner or rightholder.

4. Subscriptions Non-Transferable

• Sprinkal.com Subscriptions, and all rights of Members to receive Subscription Services, are non-transferable.

5. Sprinkal.com Privacy Policy

• Sprinkal.com is very concerned about and committed to preserving the privacy of all of its users, however, Sprinkal.com cannot ensure or guarantee privacy for Sprinkal.com users. It is therefore recommended that this service not be used for the transmission of confidential information. Any such use shall be at the sole risk of the user, and Sprinkal.com and its affiliate and related companies shall be relieved of all liability in connection therewith. All use of the Subscription Services and the Sprinkal.com website is subject to Sprinkal.com's Terms of Use. Though Sprinkal.com promotes responsible privacy policies, Sprinkal.com cannot control or be responsible for the privacy practices of third-party websites or service providers to which the Sprinkal.com website contains links, or for the privacy practices of providers of services or products that are available from the Sprinkal.com website or Subscription plans.
• Sprinkal.com will never sell or transmit your personally identifiable information to any third party without your express consent, unless Sprinkal.com is required to do so for legal reasons within the jurisdiction of the demanding authority.
  

6. Links to Other Sites

• Sprinkal.com's editors go to great efforts to provide only high quality education-related web resources that are valuable and appropriate for your pupils. Any external sites cannot be guaranteed by Sprinkal.com to not contain objectionable, biased or unsuitable material (though Sprinkal.com does limit the number of links and choose its external links extremely carefully).
  

7. NO WARRANTIES

• SPRINKAL.COM'S SUBSCRIPTION SERVICES, SPRINKAL.COM WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFERENCED OR LINKED TO ON SPRINKAL.COM WEBSITE(S)), AND ALL OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY SPRINKAL.COM AND ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SPRINKAL.COM ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR OTHER INADEQUACIES IN THE SUBSCRIPTION SERVICES, SPRINKAL.COM WEBSITE(S) (INCLUDING ALL INFORMATION AND PRODUCTS THAT ARE REFENCED OR LINKED TO ON SPRINKAL.COM WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, SERVICES, AND INFORMATION PROVIDED BY SPRINKAL.COM OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS.
  

8. LIMITATION OF LIABILITY

• IN NO EVENT SHALL SPRINKAL.COM BE LIABLE TO ANY PERSON FOR ANY SPECIAL, GENERAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM NEGLIGENT OR CRIMINAL ACTS OF THIRD PARTIES, LOSS OF USE, LOSS OF DATA, LOST PROFITS, OR COMPUTER HARDWARE DAMAGE, IN CONNECTION WITH ANY OF THE SUBSCRIPTION SERVICES, THE SPRINKAL.COM WEBSITE (INCLUDING ALL INFORMATION, SERVICES, AND PRODUCTS THAT ARE REFERENCED OR LINKED TO IN THE SPRINKAL.COM WEBSITE(S)), OR ANY OTHER INFORMATION, DOCUMENTS, PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES, ADVICE, AND INFORMATION PROVIDED BY SPRINKAL.COM OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, WHETHER SUCH PERSON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  

9. Force Majeure

• In the event Sprinkal.com's delivery of the Subscription Services is delayed, prevented, or otherwise made impracticable by reason of any acts of God, fires, floods, earthquakes, or other natural catastrophes; national emergencies, strikes, lockouts or other labor difficulties; computer "hacking" attack or computer virus; any law, order, regulation or other action of any governing authority; or any other cause beyond Sprinkal.com's reasonable control, then Sprinkal.com shall be excused from such delivery to the extent that it is delayed or prevented by such cause.
  

10. Indemnity

• You agree to defend, indemnify and hold Sprinkal.com and its affiliate and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any Violation of this Agreement by you or users of your account, or in connection with the use of the Sprinkal.com Site or the Internet or the placement or transmission of any message, information, software or other materials on the Sprinkal.com Site or on the Internet by you or users of your account.
  

11. Modifications to Terms of Service

• Sprinkal.com reserves the right to amend the Terms of Service that govern use of the Subscription Services and the Sprinkal.com website(s) at any time by (a) posting a revised version of the Terms of Service on the Sprinkal.com website (www.sprinkal.com/terms.htm), or by (b) sending information regarding any amendment to the Terms of Service to the email address a Member provides to Sprinkal.com. The Member is responsible for regularly reviewing the Sprinkal.com website to be notified of any amendments to the Terms of Service. A Member's continued use of the Subscription Services after such amended Terms of Service have been posted or information regarding such amended Terms of Service has been sent to Member shall be deemed acceptance by Member of the amended Terms of Service.
  

12. Suspension or Termination of Subscriptions

• Sprinkal.com reserves the right to suspend or terminate any Subscription Services of any Member that Sprinkal.com, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Member (c) in violation of Member Responsibilities defined above. The disclaimers and limitations of liabilities served forth in this agreement shall survive.
  

13. General

• In addition to the Terms of Service, Member agrees to be bound by all other legal notices contained on Sprinkal.com website(s), which collectively constitute the entire agreement between Member and Sprinkal.com. Sprinkal.com and/or third party providers may make improvements and/or changes in the products, services, programs, business or customer policies and prices described in their websites at any time without notice. The law of England and Wales will govern any action related to the Terms of Service, without regard to conflict of law principles. The Terms of Service shall be construed as if it was executed and performed in England and Wales. Any cause of action by a Member or other viewer of this website must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred. If any provision of the Terms of Service be held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. Sprinkal.com's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. The Sprinkal.com website is available internationally and may contain references to Sprinkal.com products, services, and programs that are not available in a viewer's country. These references do not imply that Sprinkal.com intends to make such products, services, or programs available in such country.

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