What is Creative Sparrow Market

Creative Sparrow Market (hereinafter “Creative Sparrow Market” or “We/Us/Our/Company”) has on its purpose help creatives build and grow an online presence and improve their graphic design skills. For this purpose, We provide products such as online courses, e-books, online resources (collectively, the “Products”), the information in blog format, full support on Our private group on Discord, and potentially other future offerings. All of these offers are subject to modification or change at Our sole discretion.

 

Agreement to Terms

In purchasing a subscription/product, you agree to these terms of use, which constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“You”) and Creative Sparrow Market. 

In order to help make http://shop.creativesparrow.eu (the “Website”) a secure environment for the purchase and sale of the Products, all users are required to accept and comply with these Terms of Use. You agree that by accessing the Website and/or the Products, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms of Use, then you are expressly prohibited from using the Website and/or the Products.

Supplemental terms and conditions that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, at our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted.

The information provided is not intended for distribution or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for their compliance with local laws, if and to the extent local laws are applicable.

 

Intellectual Property Rights

Unless otherwise indicated, the Website, all the Products are Our property and all source code, databases, functionality, software, website designs, audio, video, text, photographers, and graphics (collectively, the “Content”). The Content are provided on the Website for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website or the Products may be copied, reproduced, republished, uploaded, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior permission. 

Provided that you are eligible to use the Website and the Products, you are granted a limited license to access and use the Website and the Products and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in the Website, Products, and Content.

 

User Terms

By using the Website or Products, you represent and warrant that:

  • All registration data you submit will be true; 
  • You will maintain the accuracy of such information and promptly update such registration information as necessary;
  • You have the legal capacity and you agree to comply with these Terms of Use; 
  • You are not a minor in the jurisdiction in which you reside;
  • You will not use the Website or Products for any illegal or unauthorized purpose;
  • Your use of the Website or the Products will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). 

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the site or offered through the site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content.

 

User Registration

You may be required to register with the Website in order to access the Products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove your account if we determine, at our sole discretion, that you are disrespecting our terms.

 

Purchases, subscriptions and Refund Policy

All purchasers of any of Our Products agree to the following conditions for any paid transaction with us (hereinafter, “Payment Terms”). 

  • You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards)
  • We use a third-party vendor to process payments for Our Products.  This vendor is currently Revolut. Visit https://www.revolut.com to view these vendor specific privacy policies and terms and conditions. Our Privacy Policy applies only to data over which we have control.
  • Our Products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of courses or memberships in online communities. 
  • We reserve the right to change the costs of our Products at any time. 

 

Third-Party Websites and Content

You may be sent via our website to other websites (“Third-Party Websites”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Party Websites accessed through our Website or any Third-Party Content posted on, available through, or installed from our Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave Creative Sparrow Market and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases that are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services.

 

Site Management

We reserve the right, but not the obligation, to:
• Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities

 

Limitation of Liability

In no event will We, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: 
• for interruption of use or loss or corruption of data; 
• We shall have no liability for technical limitations on the user end, such as bad internet connection, limited hardware resources, or the lack of the needed correct software when mentioned on the product page

 

General Representation and Warranty

You represent and warrant that your use of the Website and the Products will be in strict accordance with the Creative Sparrow Market  Privacy Policy, and these Terms of Use, and your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

Indemnification

You agree to defend, indemnify, and hold us harmless, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of:
• Your use of the Website and the Products;
• Breach of these Terms of Use; 
• Any breach of your representations and warranties set forth in these Terms of Use; 
• Your violation of the rights of a third party, including but not limited to intellectual property rights;
• Any overt harmful act toward any other user of the Website with whom you connected via the Site. 
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

User Data

We will maintain certain data that you transmit to the Website for the purpose of managing the performance of the Website, as well as data relating to your use of the Website and the Products. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Website and the Products. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

 

Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding, or agreement.