Privacy Policy &
Terms of Service

Privacy Policy:

Protecting your private information is our priority. This Statement of Privacy applies to larksparrowpress.com and Lark Sparrow Press and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Lark Sparrow Press include larksparrowpress.com and LSP. The LSP website is a Artist studio news and information site. By using the LSP website, you consent to the data practices described in this statement.

Collection of your Personal Information
In order to better provide you with products and services offered on our Site, LSP may collect personally identifiable information, such as your:

– First and Last Name

– Mailing Address

– E-mail Address

– Phone Number

If you purchase LSP’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.

We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) entering a sweepstakes or contest sponsored by us or one of our partners; ( c) signing up for special offers from selected third parties; ( d) sending us an email message; ( e) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.

Use of your Personal Information

LSP collects and uses your personal information to operate its website(s) and deliver the services you have requested.

LSP may also use your personally identifiable information to inform you of other products or services available from LSP and its affiliates.

Sharing Information with Third Parties 

LSP does not sell, rent or lease its customer lists to third parties.

LSP may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to LSP, and they are required to maintain the confidentiality of your information.

LSP may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on LSP or the site; (b) protect and defend the rights or property of LSP; and/or (c) act under exigent circumstances to protect the personal safety of users ofLSP, or the public. 

Automatically Collected Information 

Information about your computer hardware and software may be automatically collected by LSP. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the LSP website. 

Links 

This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information. 

Right to Deletion 

Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will: 

  • Delete your personal information from our records; and
  • Direct any service providers to delete your personal information from their records.

Please note that we may not be able to comply with requests to delete your personal information if it is necessary to: 

  • Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
  • Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
  • Comply with an existing legal obligation; or
  • Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.

 

Children Under Thirteen 

LSP does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website. 

E-mail Communications

From time to time, LSP may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.

If you would like to stop receiving marketing or promotional communications via email from LSP, you may opt out of such communications by contacting LSP and making a written request. 

External Data Storage Sites 

We may store your data on servers provided by third party hosting vendors with whom we have contracted. 

Changes to this Statement 

LSP reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the 

modified Privacy Policy; and (b) agreement to abide and be bound by that Policy. 

Contact Information 

LSP welcomes your questions or comments regarding this Statement of Privacy. If you believe that LSP has not adhered to this Statement, please contact LSP at: 

Lark Sparrow Press 

1726 Ashland Ave. 

Evanston, Illinois 60201 

Email Address: 

craig@larkspanowpress.com 

Telephone number: 

8478690085 

Effective as of June 14, 2020 

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Terms of Service:

Last Updated: 06/14/2020.

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.

The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Lark Sparrow Press (hereinafter “LSP”), a company duly organized and validly existing, located at 1726 Ashland Ave , Evanston, Illinois 60201. This Agreement annuls and voids all previous agreements.

OVERVIEW

The Site (larksparrowpress.com) is operated by LSP. Throughout the Site, the terms “we”, “us” and “our” refer to LSP. LSPoffers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our Site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the additional terms or policies shall control.

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, then you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Any new features or tools which are added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – GENERAL TERMS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.

You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your account and right to use our Service.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Site;

2. Change, suspend or discontinue all or any part of our products or Site;

3. Refuse, move, or remove any content that is available on all or any part of our Site;

4. Deactivate or delete your accounts;

5. Establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.

You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. LSPcontent is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of LSP and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of LSP or our licensors except as expressly authorized by these Terms.

SECTION 2 – CREATING AN ACCOUNT

Once you create an account with us, you are registered on theL SP Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on LSP’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site.

When you create an account, you will provide a unique username and email. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that LSP is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.

Furthermore, the registering party hereby acknowledges, understands and agrees to:

a) furnish factual, correct, current and complete information with regards to yourself as

may be requested by the data registration process, and

b) maintain and promptly update your registration and profile information in an effort to

maintain accuracy and completeness at all times.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Lark Sparrow Press will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Lark Sparrow Press Services, or any portion thereof.

SECTION 3 – CONDUCT

As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other

content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the LSP Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by LSP.

Furthermore, you herein agree not to make use of Lark Sparrow Press’s Services for the purpose

of:

a) uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

b) causing harm to minors in any manner whatsoever;

c) impersonating any individual or entity, including, but not limited to, any LSP officials, forum leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

d) forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship

with;

e) uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual

rights of any other party;

f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any

contractual or fiduciary relationship;

g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;

h) uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

i) disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;

j) interfering with or disrupting any Lark Sparrow PressServices, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of

any device software and/or routine to bypass the robot exclusion headers;

k) intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.

Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange,

the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;

l) providing informational support or resources, concealing and/or disguising the character; location, and or source to any organization delegated by the United States government as

a “foreign terrorist organization” in accordance to Section 219 of the Immigration Nationality Act;

m) “stalking” or with the intent to otherwise harass another individual; and/or

n) collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.

Lark Sparrow Press herein reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.

Lark Sparrow Press herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:

a) compliance with any legal process;

b) enforcement of the Terms;

c) responding to any claim that therein contained content is in violation of the rights of any third party;

d) responding to requests for customer service; or

e) protecting the rights, property or the personal safety of Lark Sparrow Press, its visitors, users and members, including the general public.

Lark Sparrow Press herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Lark Sparrow Press or any other content providers supplying content services to Lark Sparrow Press. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

SECTION 5 – SUBMITTED CONTENT

Lark Sparrow Press shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such content available for inclusion on our website Services. Therefore, you hereby grant and allow for Lark Sparrow Press the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of Lark Sparrow Press’s Sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Lark Sparrow Press’s sites, and shall terminate at such time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Lark Sparrow Press’s sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Lark Sparrow Press’s sites and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible areas of Lark Sparrow Press’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Lark Sparrow Press’s Sites are those such areas of our network properties which are meant to be available to the general public, and which would include message boards and groups that are openly available to both users and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

Lark Sparrow Press may provide an area for our user and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions“) to our site, you acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b ) LSP shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;

c) LSP shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property ofL SP; and

e) LSP is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

SECTION 6 – INDEMNITY

All users and/or members agree to insure and hold Lark Sparrow Press, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of LSP Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

SECTION 7 – COMMERCIAL REUSE OF SERVICES

The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to LSP’s sites.

SECTION 8 – MODIFICATIONS

Lark Sparrow Press reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

SECTION 9 – TERMINATION

As a member of larksparrowpress.com, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to .

As a member, you agree that Lark Sparrow Press may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

a) any breach or violation of our Terms or any other incorporated agreement, regulation

and/or guideline;

b) by way of requests from law enforcement or any other governmental agencies;

c) the discontinuance, alteration and/or material modification to our Services, or any part

thereof;

d) unexpected technical or security issues and/or problems;

e) any extended periods of inactivity;

f) any engagement by you in any fraudulent or illegal activities; and/or

g) the nonpayment of any associated fees that may be owed by you in connection with

your larksparrowpress.com account Services.

Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and

or limitations of access for cause shall be made at our sole discretion and that we shall not be

liable to you or any other third party with regards to the termination of your account, associated

email address and/or access to any of our Services.

The termination of your account with larksparrowpress.com shall include any and/or all of the

following:

a) the removal of any access to all or part of the Services offered within

larksparrowpress.com;

b) the deletion of your password and any and all related information, files, and any such

content that may be associated with or inside your account, or any part thereof; and

c) the barring of any further use of all or part of our Services.

SECTION 10 – LINKS

Either Lark Sparrow Press or any third parties may provide links to other websites and/or

resources. Thus, you acknowledge and agree that we are not responsible for the availability of

any such external sites or resources, and as such, we do not endorse nor are we responsible or

liable for any content, products, advertising or any other materials, on or available from such thirdparty

sites or resources. Furthermore, you acknowledge and agree that Lark Sparrow Press shall

not be responsible or liable, directly or indirectly, for any such damage or loss which may be a

result of, caused or allegedly to be caused by or in connection with the use of or the reliance on

any such content, goods or Services made available on or through any such site or resource.

SECTION 11 – PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Lark Sparrow Press’s Services and any essential

software that may be used in connection with our Services (“Software”) shall contain proprietary

and confidential material that is protected by applicable intellectual property rights and other laws.

Furthermore, you herein acknowledge and agree that any Content which may be contained in any

advertisements or information presented by and through our Services or by advertisers is

protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,

except for that which is expressly permitted by applicable law or as authorized by Lark Sparrow

Press or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,

transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on

Lark Sparrow Press Services (e.g. Content or Software), in whole or part.

Lark Sparrow Press hereby grants you a personal, non-transferable and non-exclusive right

and/or license to make use of the object code or our Software on a single computer, as long as

you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work

from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any

source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any

such right in the Software. Furthermore, you do herein agree not to alter or change the Software

in any manner, nature or form, and as such, not to use any modified versions of the Software,

including and without limitation, for the purpose of obtaining unauthorized access to our Services.

Lastly, you also agree not to access or attempt to access our Services through any means other

than through the interface which is provided by Lark Sparrow Press for use in accessing our

Services.

SECTION 12 – WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF LARK SPARROW PRESS SERVICES AND SOFTWARE ARE AT THE

SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN

“AS IS” AND/OR “AS AVAILABLE” BASIS. LARK SPARROW PRESS AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND

WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b ) LARK SPARROW PRESS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,

AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)

LARK SPARROW PRESS SERVICES OR SOFTWARE WILL MEET YOUR

REQUIREMENTS; (ii) LARK SPARROW PRESS SERVICES OR SOFTWARE SHALL BE

UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS

WHICH MAY BE OBTAINED FROM THE USE OF THE LARK SPARROW PRESS

SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF

ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH

MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR

SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS

CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY

WAY OF LARK SPARROW PRESS SERVICES OR SOFTWARE SHALL BE ACCESSED

BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE

SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND

CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER

AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY

LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH

INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,

THAT MAY BE OBTAINED BY YOU FROM LARK SPARROW PRESS OR BY WAY OF

OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED IN THE TERMS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED

VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,

ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

SECTION 13 – LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT LARK SPARROW

PRESS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF

ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN

THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES

MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

SECTION 14 – RELEASE

In the event you have a dispute, you agree to release Lark Sparrow Press(and its officers,

directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other

third parties) from claims, demands and damages (actual and consequential) of every kind and

nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out

of or in any way connected to such dispute.

SECTION 15 – NOTICE

Lark Sparrow Press may furnish you with notices, including those with regards to any changes to

the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings

on our website Services, or other reasonable means currently known or any which may be herein

after developed. Any such notices may not be received if you violate any aspects of the Terms by

accessing our Services in an unauthorized manner. Your acceptance of this Agreement

constitutes your agreement that you are deemed to have received any and all notices that would

have been delivered had you accessed our Services in an authorized manner.

SECTION 16 – INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand and agree that all of the Lark Sparrow Presstrademarks,

copyright, trade name, service marks, and other Lark Sparrow Presslogos and any brand

features, and/or product and service names are trademarks and as such, are and shall remain the

property of Lark Sparrow Press. You herein agree not to display and/or use in any manner the

Lark Sparrow Presslogo or marks without obtaining Lark Sparrow Press’s prior written consent.

Lark Sparrow Press will always respect the intellectual property of others, and we ask that all of

our users do the same. With regards to appropriate circumstances and at its sole discretion, Lark

Sparrow Press may disable and/or terminate the accounts of any user who violates our Terms

and/or infringes the rights of others. If you feel that your work has been duplicated in such a way

that would constitute copyright infringement, or if you believe your intellectual property rights have

been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of

the owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has

been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your

work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright or

intellectual property owner’s behalf.

The Lark Sparrow Press agent for notice of claims of copyright or other intellectual property

infringement can be contacted as follows:

Mailing Address:

Lark Sparrow Press

Attn: Copyright Agent

1726 Ashland Ave

Evanston, Illinois 60201

Telephone: 8478690085

Email: craig@larksparrowpress.com

SECTION 17 – ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and Lark Sparrow Pressand shall

govern the use of our Services, superseding any prior version of this Agreement between you

and us with respect to Lark Sparrow Press Services. You may also be subject to additional terms

and conditions that may apply when you use or purchase certain other Lark Sparrow Press

Services, affiliate Services, third-party content or third-party software.

SECTION 18 – CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Lark Sparrow Press with regard to the Agreement

that the relationship between the parties shall be governed by the laws of the state of Illinois

without regard to its conflict of law provisions and that any and all claims, causes of action and/or

disputes, arising out of or relating to the Agreement, or the relationship between you and Lark

Sparrow Press, shall be filed within the courts having jurisdiction within the County of Cook,

Illinois or the U.S. District Court located in said state. You and Lark Sparrow Press agree to

submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all

objections to the exercise of jurisdiction over the parties by such courts and to venue in such

courts.

SECTION 19 – WAIVER AND SEVERABILITY OF TERMS

At any time, should Lark Sparrow Press fail to exercise or enforce any right or provision of the

Agreement, such failure 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, the parties nevertheless

agree that the court should endeavor to give effect to the parties’ intentions as reflected in the

provision, and the other provisions of the Agreement remain in full force and effect.

SECTION 20 – NO RIGHT OF SURVIVORSHIP NONTRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to

your ID and/or contents within your account shall terminate upon your death. Upon receipt of a

copy of a death certificate, your account may be terminated and all contents therein permanently

deleted.

SECTION 21 – STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any

claim or action arising out of or related to the use of our Services or the Agreement must be filed

within 1 year(s) after said claim or cause of action arose or shall be forever barred.

SECTION 22 – VIOLATIONS

Please report any and all violations of this Agreement to Lark Sparrow Press as follows:

Mailing Address:

Lark Sparrow Press

1726 Ashland Ave

Evanston, Illinois 60201

Telephone: 8478690085

Email: craig@larksparrowpress.com

SECTION 23 – GOVERNMENT REQUESTS

In order to cooperate with governmental requests, subpoenas or court orders, to protect our

systems, or to ensure the integrity and operation of our business and systems, we may access

and disclose any information we consider necessary or appropriate, including and without

limitation, your information, IP address, and usage history. Our right to disclose any such

information is governed by the terms of our Privacy Policy.

SECTION 24 – FOREIGN ACCESS OF SITE

The Site is controlled, operated and administered by LSPfrom our offices within the USA. If you

access the Site from a location outside the USA, you are responsible for compliance with all local

laws. You agree that you will not use LSP’s content accessed through the Site in any country or in

any manner prohibited by any applicable laws, restrictions or regulations.

SECTION 25 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Site that contains typographical errors,

inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers,

product shipping charges, transit times and availability. We reserve the right to correct any errors,

inaccuracies or omissions, and to change or update information or cancel orders if any

information on the Site or on any related Site is inaccurate at any time without prior notice

(including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated.

SECTION 26 – PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by the Lark Sparrow Press Online Privacy Policy (see the full Privacy Policy at larksparrowpress.com). As a member, you herein consent to the collection and use of the information provided, including the transfer of information within the United States and/or other countries for storage, processing or use by Lark Sparrow Press and/or our subsidiaries and affiliates.

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