Sparkling Stories is a place where people can buy or sell children’s short stories. It is therefore important that Sparkling Stories provides a safe and friendly website for people of all ages and backgrounds. Because of this, it is important that all of Sparkling Stories’ users are happy in the knowledge that nothing of an inappropriate nature will ever be placed upon this website.
Sparkling Stories is also a supporter of copyright, and insist that you must have permission to publish everything that you contribute to the Website. Sparkling Stories takes all allegations of copyright infringement very seriously. To that end, if you believe that material on Sparkling Stories violates your copyright, you are encouraged to notify Sparkling Stories via the “Report This Item” button on each story. In the case of a user who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Sparkling Stories or others, Sparkling Stories may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Sparkling Stories will have no obligation to provide a refund of any amounts previously paid to Sparkling Stories or owed to the user.
Below, you will find the terms and conditions for the use of the Sparkling Stories website. Please do not hesitate to contact support.
Please read these terms carefully, since your use of any of the services constitutes acceptance of these terms and creates a binding legal agreement. Without limiting the foregoing, you must accept these terms by ticking the box on the registration page if you wish to use any of the services of Sparkling Stories. If you choose to accept these terms, you must do so as they are presented to you; no changes (additions or deletions) will be accepted by Sparkling Stories.
The terms and conditions set out in this document apply to all visitors ("Users" or "you") to the Sparkling Stories website ( “Website”), and constitute a binding, legal agreement ("Agreement") between the User and Sparkling Stories.
Please read the information below carefully. By using the Website, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement.
Sparkling Stories is a tool to facilitate the exchange of information. It provides a service to enable Users to publish, and other people to purchase, digital content in an on-line format. Digital content ("Content") may consist of information, data, text, software, music, sound, photographs, graphics, video, messages or other materials. Sparkling Stories also provides services to its Users, and facilitate its Users’ receipt of other services from third parties.
When you post Content on Sparkling Stories, you keep your copyright, but you grant Sparkling Stories the non-exclusive right to provide a service to post, display, copy, and sell that Content within the limitations you set during the online publishing process.
If you include any information that could be used to identify you, such as your personal phone number or e-mail address, (collectively "Personal Data") in your Content, it will be included with your Content when sold. By including Personal Data in the Content you post, you authorise Sparkling Stories to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content.
By posting your Content on the Website, you grant that Sparkling Stories, in service to the creator, may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials, and Sparkling Stories may make minor modifications to the Content for technical reasons. Of course, Sparkling Stories will credit you and/or the original artist, and will usually ask you first. You further agree that Sparkling Stories may make minor modifications to the Content for technical reasons. Sparkling Stories will not feature Content that you have marked "Unpublished". Any content you have not marked as “Unpublished” may be fully indexed for text searching and entered into the Google Search tool and similar tools.
By uploading Content to the Website you represent and warrant, at all times during the term of this Agreement, that the Content:
Sparkling Stories reserves the right to refuse to permit your publication on the Website of any Content that Sparkling Stories, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
As the owner of the Website (as described in detail in Section 16 below), Sparkling Stories reserves the right to place advertisements on the Website.
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to Sparkling Stories. As the holder of an account, you are responsible for any content submitted using that account by you or others. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold Sparkling Stories responsible for any inadvertent damage to, corruption of or destruction of the Content. Sparkling Stories is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all of your Content. If any Content transmitted to Sparkling Stories is damaged, lost or corrupted in any way, Sparkling Stories will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to Sparkling Stories.
Pre-publishing and other tools and services may be available for purchase or for free at http://www.sparklingstories.co.uk.
Any tools and services listed under on the Sparkling Stories website that include links to a website outside of www.sparklingstories.com are subject to the terms and conditions of that outside website, and the terms and policies of Sparkling Stories do not govern. If you decide to leave this Website and access any such outside website or to use any tools or services from such outside websites, you do so at your own risk.
The tools and services offered by the Website may be available from independent third party providers, but payment for such tools and services will be made to Sparkling Stories and subject to the payment terms and conditions set out in Section 7 below. Your relationship with a third party supplier will be subject to that supplier’s terms and conditions (other than payment terms and conditions which are set out in Section 7 below), if any.
The tools and services listed on the Sparkling Stories Website are available for purchase from Sparkling Stories. These tools and services are subject to the terms and conditions set forth in this Agreement.
As a User, you agree not to use the Website to:
Sparkling Stories reserves the right to remove any and all material that is considered inappropriate, or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects Website operations. At its discretion, Sparkling Stories will remove Content and/or ban Users and terminate the account of those who violate its policies with respect to the Website. In the case of such a ban, Sparkling Stories will have no obligation to provide a refund of any amounts previously paid to Sparkling Stories or owed to the user. Sparkling Stories reserves the right to amend its policies from time to time at its sole discretion.
In general, Sparkling Stories collects Personal Data when you register with Sparkling Stories, when you use Sparkling Stories services and when you visit Sparkling Stories pages or pages related to the Content posted on Sparkling Stories pages. That information is used to fulfil your requests for products and services, to conduct research, to contact you, to contact those who purchase your Content and to improve Sparkling Stories services. Sparkling Stories endeavours to limit access to your Personal Data to only those Sparkling Stories employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
Sparkling Stories will disclose Personal Data under the following circumstances:
Sparkling Stories will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.
Your Personal Data does not include Your name, Sparkling Stories username, and any information you make available through your Public Contact settings. Your name, Sparkling Stories username and Public Contact information may be displayed on the Website to other users.
In order to purchase Content, services, or tools on or through the Website, User must possess either a valid credit card or a PayPal account (https://www.paypal.com). During the publishing process, Users are asked to choose the amount of Credits for which they would like to make the stories available for purchase. If Sparkling Stories sells your content, and it receives payment, Sparkling Stories will pay you 50% of the sale price.
For example, if a User publishes a story and states a sale price of 50 credits, they will receive 25 credits each time it is purchased.
If you have published and sold Content on the Website, the amount of credits that you have earned from those sales will be visible in your profile under the "My Credits" tab. You may choose to convert the credits that you have earned into GBP, receiving payment through PayPal at any time that your account has greater than £1 worth of credits.
Credits are redeemable from the Sparkling Stories Website at the value of £1 for every 100 credits.
Content that has been purchased will be accepted for return only if it is deemed to contravene this Membership Agreement.
Sparkling Stories cannot accept responsibility for the quality of the Content purchased (including misspelled words, grammatical errors, etc.). The User approves the visual presentation and content of each item and bears responsibility for its quality and presentation. The Sparkling Stories staff does not monitor or check individual Content prior to publication through its Website.
Sparkling Stories wants to make sure that you have correctly completed the information in the User Registration form on the Website ("User Information"). In the event that any of your User Information changes in the future, please be sure to update promptly your User Information on the Website. Remember, it is your responsibility to keep current all of your User Information on the Website.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Website made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Website at the same time using the same username and Password. You agree to notify us immediately of any unauthorised use of your e-mail address, username or Password or any other breach of security regarding the Website of which you are aware. Sparkling Stories may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
If you wish to terminate your Membership, please contact support with a specific request to do so.
When you choose to 'Unpublish' your Content from Sparkling Stories, it will no longer be available or visible to visitors who have yet to purchase it. However, Your content will not be deleted because it must remain available to those who have already paid for it. If no User has purchased the Content, no User will be able to view the Content except You.
Sparkling Stories does not retain any residual rights to deleted or retired work other than those outlined above.
If you choose to terminate your Membership, the terms above regarding the status of Content you have uploaded remain applicable.
If you purchase Content from the Website, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
Sparkling Stories makes no representation that material on the Website is appropriate to or available at locations outside of the United Kingdom. You may not use the Website or export the Contents in violation of UK export regulations. If you access this Website from a location outside the United Kingdom, you are responsible for compliance with all applicable local laws and any local taxes that may be payable.
Technical, maintenance and other issues may make Sparkling Stories unavailable from time to time. Sparkling Stories makes no commitment, warranty or guarantee that the Website will operate in a timely, uninterrupted or error-free manner, or that the Website will meet User's purposes. Sparkling Stories may also in its discretion modify the features, availability, operation and/or look and feel of the Website from time to time without notice to its users.
Everything on the Sparkling Stories Website and everything sold via the Website, including all software, services, information, materials, forums, tools and Content is offered by Sparkling Stories and its third-party licensors and content providers on an "as-is", "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, Sparkling Stories cannot vouch for the quality, accuracy or completeness of any Content or information sold or provided through the Website.
Regarding downloads, Sparkling Stories does not represent or warrant that downloading content or use of the Website will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. Sparkling Stories will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the Website and downloading Content.
In no event shall Sparkling Stories or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Website, Content on the Website, or any transaction entered hereunder, whether in contract, tort or otherwise, even if Sparkling Stories or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of Sparkling Stories, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Website shall not exceed the amount you paid to Sparkling Stories in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after any right to a possible claim becomes apparent.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of Sparkling Stories, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against Sparkling Stories in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this Agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
If a third party takes Sparkling Stories to court as the result of something you did in violation of this Member Agreement, you will pay for any damages or costs assessed against or incurred by Sparkling Stories. In other words, you shall indemnify and hold Sparkling Stories harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that Sparkling Stories may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
Sparkling Stories is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Website, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. Sparkling Stories owns the design, format and layout of the Website. Sparkling Stories authorises Users of this website to use the Website and to copy materials posted on the Website strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Website are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorisation from Sparkling Stories does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorisation granted above. In granting this authorisation, Sparkling Stories grants no other right, title, ownership, licence, or other property interest in the materials and subject matter posted on the Website, and in any intellectual property rights protecting such materials and subject matter.
The Sparkling Stories logo and the names of all Sparkling Stories products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of Sparkling Stories.
This Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
In addition to complying with all restrictions on conduct and Content, you are responsible for adhering to all local and national laws that pertain to your location, wherever you are.
This Agreement is governed by the laws of the United Kingdom.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, strike, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. Sparkling Stories and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
This Agreement is effective until terminated. Sparkling Stories may terminate or suspend this Agreement immediately for any reason and without prior notice to you. You may terminate your Membership by contacting support with a specific request to do so. Your request to terminate will become effective within 30 days after receipt of your specific request has been acknowledged by Sparkling Stories. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
By completing the registration process and using the Website, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. Sparkling Stories encourages you to print and keep a copy for reference.
Sparkling Stories may change the terms in this Agreement from time to time. When the terms are changed, Sparkling Stories will make a posting on the Website regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify Sparkling Stories and discontinue your use of the Website. If you use the Website after Sparkling Stories has posted a change to these terms on the Website, you are agreeing to be bound by all of the changes.