Availability of Services |
CreativeSparks's telephone support services
and online technical support services and
products (collectively, the "Membership Services")
are available only to one (1) registered user
(each, a "Member") for the one (1) or more
computer systems registered (each, a "Registered
System") with CreativeSparks under the Flicker,
Sparks, Ignite, Detonate or Explosion. Toll-free
telephone support is only available to Members
calling from within the United States. Depot
and Onsite Repair Services and Replacement
Parts coverage are not available to members
outside the Continental United States.
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Supported
Technology |
The Membership Services include telephone
support services and online technical support
services for the following platforms, devices,
operating systems, applications and other
items listed Click
here. As new computer technology becomes
generally available, CreativeSparks.com will
use its best efforts to support such technology
also.
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CreativeSparks's
Responsibilities |
CreativeSparks.com will use its best efforts
to resolve Members' basic computer technical
problems for a Registered System. CreativeSparks.com
will attempt to resolve such technical problems
in a professional, reasonable and timely manner,
taking into consideration the circumstances
and nature of the technical problems. Live
and online response times may be delayed due
to research and inquiries, as may be necessary.
CreativeSparks's live or online technical
support does not assure that every request
for technical support will be resolved to
Member's satisfaction, and CreativeSparks's
responses constitute only technical advice
or suggestions. Technical problems that may
arise may be a result of software or hardware
errors or problems that may not be correctable
or may be too difficult to resolve by telephonic
or online support. CreativeSparks.com has
limited proprietary information from vendors,
manufacturers, and developers, and may not
have the ability to obtain any proprietary
information necessary to resolve Member's
technical problem.
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Member's Responsibilities |
Member is responsible for providing CreativeSparks.com
with complete information concerning each
Registered System, and to notify CreativeSparks.com
at pptech_info@creativesparks.com
in the event Member wishes to change a Registered
System. Prior to seeking technical support,
Member is solely responsible for adequate
protection and backup of Member's data, software
and/or hardware. Member shall not provide
Member's password to any third person or permit
its use by any third person. Member understands
and acknowledges that neither CreativeSparks.com
nor any of its third-party product or service
providers shall be responsible for any lost
data, re-run time, inaccurate output, or work
delays resulting from any technical support
services, other services, or products provided
by CreativeSparks.com.
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Repair Services and Parts Replacement
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Depot and Onsite Repair Services, and
Parts Replacement coverage provided under
the appropriate membership plan shall only
be available to the member 30 days after the
effective date of a new or upgraded membership.
Members enrolled before August 20, 2002 are
not eligible for Onsite Repair Services or
Parts Replacement coverage under their Plan
membership. Explosion Plan Members enrolled
before August 20, 2002 will be renewed at
their original membership rate, but no Onsite
Repair Services or Replacement Parts coverage
will be provided unless the Explosion Plan
Member purchases an upgrade to full membership
coverage. Depot services under the Ignite
Plan will be provided by third party affiliates
of CreativeSparks.com as long as the Member
ships the Registered System at his/her own
costs directly to the third party service
provider. The third party provider shall pay
shipping charges for the return of the Registered
System. Additional charges for necessary replacement
parts will apply subject to Member approval.
Next day Onsite Repair Services provided under
the Sparks Plan is provided by or arranged
by a third party affiliate of CreativeSparks.com.
Next day service must be called in between
the hours of 8:00 AM - 2:00 PM Pacific Standard
Time to receive next business day service.
CreativeSparks.com reserves the right to change
third party service providers without notice
to the Member. Replacement parts covered the
Sparks Plan and the Explosion Plan shall be
limited to certain available parts and price
limits. Refer to the Supported Items page
for details. Service provider makes no representation
nor does it guaranty exact replacement parts.
Member agrees that the repair service provider
has the sole discretion to use new, refurbished,
or reasonably comparable parts, if necessary.
No depot or onsite repairs services, and no
replacement parts are available for any laptop
computers or handheld devices. No depot or
onsite repair services, and no replacement
parts are available for Macintosh systems.
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Optional Services |
Optional onsite services for software,
hardware, installations, training, and other
support services outside the scope of the
standard services are available on an hourly
basis. Additional service charges will apply
and will be quoted on a case-by-case basis.
Direct billing will be handled by CreativeSparks.com.
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Third-Party Link and Content
Disclaimer |
Links contained in CreativeSparks's website
may cause a user to leave the CreativeSparks.com
website. Such linked websites are not under
the control of CreativeSparks.com and CreativeSparks.com
is not responsible for the contents of any
linked website or any link contained in a
linked website, or any changes or updates
to such websites. CreativeSparks.com provides
these links from the CreativeSparks.com website
only as a convenience, and the inclusion of
any link does not imply any endorsement by
CreativeSparks.com of the website or any of
its contents. All users use materials and
information in third-party websites at their
own risk.
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CreativeSparks
Privacy Policy; Third-Party Privacy Practices
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All use of the Membership Services and the
CreativeSparks.com website is subject to CreativeSparks's
Privacy Policy, which may be reviewed by clicking
here. Though CreativeSparks.com promotes
responsible privacy policies, CreativeSparks.com
cannot control or be responsible for the privacy
practices of third-party websites or service
providers to which the CreativeSparks.com
website contains links, or for the privacy
practices of providers of software or other
repair services or products that are available
from the CreativeSparks.com website or membership
plan.
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Renewal and Cancellation |
Each CreativeSparks membership will be automatically
renewed for another annual membership term
on the anniversary of Member's original enrollment
date (the "Anniversary"), at the same annual
fee and plan type, unless Member notifies
CreativeSparks thirty (30) days prior to the
Anniversary that Member elects not to renew
the membership. Member must contact CreativeSparks's
Sales and Customer Service Center at (866)
766-0366 in order to notify CreativeSparks
of the non-renewal, and must present the correct
membership, credit card, and registration
information for verification and authorization
to cancel. Refunds will not be given for cancelled
accounts.
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Memberships Non-Transferable |
Each CreativeSparks.com membership will be
automatically renewed for another annual membership
term on the anniversary of Member's original
enrollment date (the "Anniversary"), at the
same annual fee and plan type, unless Member
notifies CreativeSparks.com thirty (30) days
prior to the Anniversary that Member elects
not to renew the membership. Member must contact
CreativeSparks's Sales and Customer Service
Center at (866) 766-0366 in order to notify
CreativeSparks.com of the non-renewal, and
must present the correct membership, credit
card, and registration information for verification
and authorization to cancel. Refunds will
not be given for cancelled accounts.
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Memberships Non-Transferable |
CreativeSparks.com memberships, and all rights
of Members to receive Membership Services,
are non-transferable.
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NO
WARRANTIES |
CREATIVESPARKS'S MEMBERSHIP SERVICES, THE
CreativeSparks.com
WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS
THAT ARE REFERENCED OR LINKED TO IN THE CreativeSparks.com
WEBSITE), AND ALL OTHER INFORMATION, DOCUMENTS,
PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES,
ADVICE, AND INFORMATION PROVIDED BY CreativeSparks.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.
CreativeSparks.com
ASSUMES NO RESPONSIBILITY FOR ANY ERRORS,
OMISSIONS OR OTHER INADEQUACIES IN THE MEMBERSHIP
SERVICES, THE CreativeSparks.com
WEBSITE (INCLUDING ALL INFORMATION AND PRODUCTS
THAT ARE REFENCED OR LINKED TO IN THE CreativeSparks.com
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS,
PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES,
ADVICE, AND INFORMATION PROVIDED BY CreativeSparks.com
OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE
PROVIDERS.
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LIMITATION
OF LIABILITY |
IN NO EVENT SHALL CreativeSparks.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 MEMBERSHIP SERVICES,
THE CreativeSparks.com
WEBSITE (INCLUDING ALL INFORMATION, SERVICES,
AND PRODUCTS THAT ARE REFERENCED OR LINKED
TO IN THE CreativeSparks.com
WEBSITE), OR ANY OTHER INFORMATION, DOCUMENTS,
PRODUCTS, SOFTWARE, DOWNLOADS, REPAIR SERVICES,
ADVICE, AND INFORMATION PROVIDED BY CreativeSparks.com
OR ANY OF ITS THIRD-PARTY PRODUCT OR SERVICE
PROVIDERS, WHETHER SUCH PERSON IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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Force
Majeure |
In the event CreativeSparks's delivery of
the Membership 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 CreativeSparks's reasonable control,
then CreativeSparks.com
shall be excused from such delivery to the
extent that it is delayed or prevented by
such cause.
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Modifications
to Terms & Conditions |
CreativeSparks.com
reserves the right to amend the Terms & Conditions
that govern use of the Membership Services
and the CreativeSparks.com
website at any time by
(a) posting a revised version of the
Terms & Conditions on the CreativeSparks.com
website www.creativesparks.com/terms_prepaidtechsupport.html,
or by
(b) sending information regarding any
amendment to the Terms & Conditions to the
email address Member provides to CreativeSparks.com.
Member is responsible for regularly reviewing
the CreativeSparks.com
website to be notified of any amendments to
the Terms & Conditions. Member's continued
use of the Membership Services after such
amended Terms & Conditions have been posted
or information regarding such amended Terms
& Conditions has been sent to Member shall
be deemed acceptance by Member of the amended
Terms & Conditions.
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Fair Usage Policy; Suspension or Termination
of Memberships |
Though CreativeSparks.com
has set no fixed upper limit on the amount
of telephone or online support requests a
Member may make annually, each Member's use
of the Membership Services is subject to CreativeSparks's
"fair use" policy. Under this policy, if at
any time, in CreativeSparks's sole discretion,
Member's use exceeds the level of use reasonably
expected from someone using a Flicker Plan
or the Explosion Plan, then CreativeSparks.com
reserves the right to suspend or terminate
Member's Membership Services. In addition,
CreativeSparks.comreserves
the right to suspend or terminate any Membership
Services of any Member that CreativeSparks.com,
in its sole discretion, determines are being
used (a) fraudulently, (b) by any person other
than Member, or (c) for any computer system
other than a Registered System.
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General |
In addition to the Terms & Conditions, Member
agrees to be bound by the Privacy Policy and
all other legal notices contained on the CreativeSparks.com
website, which collectively constitute the
entire agreement between Member and CreativeSparks.com.
CreativeSparks.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. Ontario law will govern
any action related to the Terms & Conditions,
without regard to conflict of law principles.
The Terms & Conditions shall be construed
as if it was executed and performed in Toronto,
Ontario. 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 & Conditions
be held invalid or unenforceable, that portion
shall be enforced to the maximum extent possible,
and all other provisions contained in the
Terms & Conditions shall remain in full force
and effect. CreativeSparks's failure to enforce
any provision of the Terms & Conditions shall
not be deemed a waiver of such provision nor
of the right to enforce such provision. The
CreativeSparks.com
website is available internationally and may
contain references to CreativeSparks.com
products, services, and programs that are
not available in a viewer's country. These
references do not imply that CreativeSparks.com
intends to make such products, services, or
programs available in such country.
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