1. Acceptance of Terms
Thank you for using CreativityandSense.com. We value your privacy and
will never share your details with any 3rd parties. We provide services
to you subject to the following "Terms and conditions" which may be
updated by us from time to time without notice to you.
2. Description of Service
CreativityandSense.com may provide or allow browsing and/or access to a
number of online services and resources (such as discussion forums,
weblog, directory services, online business services, email lists etc
and may enable you access this as a "User". Unless explicitly stated
otherwise, any new features that augments or enhances the current
Service, including the release of new services or resources, shall be
subject to the "Terms and conditions". We may add, delete or change
some or all of the services provided for free as part of the Service at
any time. Unless otherwise stated these terms and conditions apply to
you as a user of this site.
3. Submission of Content
By submitting information, you are stating that you are at least 18
years of age or a minor with parental consent to use the Service, that
you are eligible to use the Service, and that you agree to be bound by
all of these Terms and conditions.
PLEASE NOTE: All minors are recommended to consult with their parents
in respect of these Terms and conditions before using the Service.
In consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
required by the type of data requested for submission and (b) maintain
and promptly update the data to keep it true, accurate, current and
complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, CreativityandSense.com has reasonable
grounds to suspect that such information is untrue, inaccurate, not
current or incomplete. CreativityandSense.com has the right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof). Please remember that the
Service is designed to appeal to a broad audience.
CreativityandSense.com cannot and will not be liable for any loss or
damage arising from your failure to comply with Section 3.
4. Code of Conduct
You
agree that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"),
whether publicly posted or privately transmitted, are the sole
responsibility of the person from which such Content originated. This
means that you, and not CreativityandSense.com, are entirely
responsible for all Content that you upload, post, email or otherwise
transmit via the Service. Users are fully responsible for the copyright
status of any items uploaded by themselves or people you authorise to
upload materials under your account (i.e. using your User ID and
Password)
CreativityandSense.com
does not control the Content posted via the Service and, as such, does
not guarantee the accuracy, integrity or quality of such Content. You
understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. Under no circumstances
will CreativityandSense.com be liable in any way for any Content,
including, but not limited to, any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed or otherwise transmitted via the Service.
You agree not to use the Service to:
(a) upload, post, publish, distribute, disseminate or
otherwise transmit any Content (hereinafter "post") that is unlawful,
defamatory, harmful, invasive of another's privacy, or otherwise
objectionable, including but not limited to material that promotes or
provides instructional information about illegal activities or promotes
physical harm or injury against any group or individual;
(b) promote events, companies, individuals or
initiatives/projects without seeking and gaining written permission
from CreativityandSense.com to do so. This particularly relates (but is
not limited) to the CreativityandSense.com Discussion Forums and
listings;
(c) upload, post or otherwise transmit any
Content that you do not have a right to transmit under any law or under
contractual relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under non disclosure agreements);
(d) upload, post or otherwise transmit any
Content that infringes any patent, trademark, trade secret, copyright
or other proprietary and intellectual property rights of any party, or
rights of publicity or privacy of any party, unless you are the owner
of such rights or have the permission of the owner to post or transmit
such material, including but not limited to offering pirated computer
programs or links to such programs;
(e) harm minors in any way, or is deemed
culturally inappropriate, or is gender-discriminatory;
(f) transmit Content containing nudity, or
pornographic material, or sexual material of a lewd, lecherous or
obscene nature and intent, or material of a vulgar, profane or obscene
nature;
(g) impersonate any person or entity,
including, but not limited to, a CreativityandSense.com official or
user, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
(h) forge or manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service;
(i) post or otherwise transmit any unsolicited
or unauthorised advertising (including the promotion of events not
authorised in writing by CreativityandSense.com), promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
(j) post or otherwise transmit any material
that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of
any computer software or hardware or telecommunications equipment;
(k) interfere with or disrupt the Service, or
infringe any requirements, procedures, policies or regulations of
networks connected to the Service, or interfering with another user's
use and enjoyment of the Service, including but not limited to (a)
transmitting any material that contains viruses, Trojan horses, worms,
time bombs, or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information, or (b) attempting
to gain unauthorised access to the Service, other's accounts on the
Service, or private mailing lists on the Service through password
mining or any other means;
(l)
intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, UK
legislation such as the Data Protection Act, Consumer Protection Act,
or Financial Services Act, or any amendments or replacements of such
acts;
(m) defame,
abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
(n) collect, store, or distribute personal data
about other users without their consent;
(o) promote or provide instructional
information about illegal activities, promote physical harm or injury
against any group or individual, or promote any act of cruelty to
animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and
creating "crush" sites;
(p) violate any law or regulation (including
without limitation those governing export control, unfair competition,
discrimination or false advertising);
(q) Discussion Forum postings:
By registering for a discussion forum, you understand and agree to our
terms of use and that how this service is managed and conducted is at
the sole discretion of CreativityandSense.com. Competitive behaviour,
blatant promotions and/or elements that we consider in anyway to be
detrimental to our business will not be allowed.
You acknowledge that CreativityandSense.com does not always pre-screen
Content, but that CreativityandSense.com and its designees shall have
the right (but not the obligation) in their sole discretion to refuse
or remove any Content that is available via the Service. Without
limiting the foregoing, CreativityandSense.com and its designees shall
have the right to remove any content that violates the Terms and
conditions or which is otherwise in our opinion, objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by
CreativityandSense.com or submitted to CreativityandSense.com,
including without limitation information in CreativityandSense.com
discussion forums, directory listings, notice boards and in all other
parts of the Service. CreativityandSense.com will have no liability or
responsibility for performance or non-performance of such activities.
CreativityandSense.com reserves the right to terminate your
participation in the Services.
You
acknowledge and agree that CreativityandSense.com may preserve Content
and may also disclose Content if required to do so by law or in the
good faith belief that such preservation or disclosure is reasonably
necessary to: (a) comply with any applicable law; (b) enforce the Terms
and conditions; (c) respond to claims that any Content violates the
rights of third-parties; or (d) protect the rights, property, or
personal safety of CreativityandSense.com, its users and the public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
5. Proprietary Rights and Licences
You
acknowledge and agree that Content, including but not limited to text,
software, music, sound, photographs, graphics, video, page layout and
design or other material contained in the Service or information
presented through the Service by CreativityandSense.com or by
advertisers is protected by ours or their copyright, trademarks,
service marks, patents, or other proprietary rights and laws. You
acknowledge and agree that CreativityandSense.com can display images
and text throughout the Service, including the insertion of sponsor
messages into messages distributed on CreativityandSense.com mailing
lists.
Content received and accessed through the Service may be
displayed, reformatted, and printed by you for your personal,
non-commercial use only.
You acknowledge and agree that CreativityandSense.com owns or is
licensed to use all intellectual property rights (including without
limitation all copyrights, patents, trademarks and trade secrets) in
connection with and in all versions of the Service, any
CreativityandSense.com Content and any data (including Submission Data)
generated by Members.
CreativityandSense.com will not pass your personal data to any third
party or to any company for the purposes of such party processing your
personal data. All data held about users is as supplied upon
registration. If you have any questions about the registration process,
or our holding of your data under the Data Protection Act 1998, then
please contact us. Except as expressly authorised by
CreativityandSense.com or advertisers, you agree not to modify, copy,
reproduce, republish, upload, post, transmit, rent, loan, sell, lease,
licence, sub-licence, distribute or create in any way content and/or
derivative works based on the Service or Content, in whole or in part.
6. Advertisements and Promotions
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
CreativityandSense.com shall not be responsible or liable for any loss
or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
7. External links
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. These links are provided solely as a
convenience to you and not as an endorsement by
CreativityandSense.com of the contents on such third-party web
sites. As CreativityandSense.com has no control over such sites and
resources, you acknowledge and agree that CreativityandSense.com is not
responsible for the availability of such external sites or resources,
and does not endorse and is not responsible or liable for any Content,
advertising, products, services or other materials on or available from
submission (e.g. in discussion forums).
You
further acknowledge and agree that CreativityandSense.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through
any such site or resource. If you decide to access linked third-party
Web sites, you do so at your own risk. Any concerns regarding any
external link should be directed to its respective site administrator
or web master.
8. Privacy Policy
Registration Data and certain other information about you is subject to our privacy policy.
For more information, please see our full privacy policy below:
We may disclose to third parties certain aggregate information
contained in your Registration Data or related data, except as
specifically authorised by you or in the good faith belief that such
action is reasonably necessary to comply with applicable law, legal
process, to enforce the Terms and conditions, or under any of the other
circumstances set forth in our privacy policy, as may be amended from
time to time.
Messaging including email, voicemail, fax, and instant messaging is
private correspondence between the sender and the recipient thus
CreativityandSense.com strictly respects the privacy of its users.
You acknowledge and agree that CreativityandSense.com neither endorses
the contents of any user communications nor assumes responsibility for
any threatening, libellous, obscene, harassing or offensive material
contained therein, or any infringement of third party intellectual
property rights arising from or any crime facilitated thereby.
9. Disclaimer of Warranties
You expressly understand and agree that:
a) your use of the Service is at your sole risk. The
Service is provided on an "as is" and "as available" basis.
CreativityandSense.com and its suppliers, to the fullest extent
permitted by law, disclaim all warranties, including but not limited to
warranties of title, fitness for a particular purpose, merchantability
and non-infringement of proprietary or third party rights.
CreativityandSense.com and its suppliers make no warranties about the
accuracy, reliability, completeness, or timeliness of the material,
services, software, text, graphics, and links.
(b) CreativityandSense.com is not responsible for the
content of users, or messages distributed through mailing lists, and
assumes no responsibility for and makes no warranty or representation
as to the accuracy, currency, completeness, reliability or usefulness
of information distributed through this Service.
(c) CreativityandSense.com makes no warranty
that (i) the Service will meet your requirements, (ii) the service will
be uninterrupted, timely, secure, or error-free, (iii) the results that
may be obtained from the use of the service will be accurate or
reliable, and (iv) the quality of any products, services, information,
or other material purchased or obtained by you through the Service will
meet your expectations. Furthermore, if your use of the web site or the
material results in the need for servicing or replacing equipment or
data, CreativityandSense.com is not responsible for those costs.
(d) Any material downloaded or otherwise
obtained through the use of the Service is done at your own discretion
and risk and that you will be solely responsible for any damage to your
computer system or loss of data that results from the download of any
such material.
(e) No advice or information, whether oral or
written, obtained by you from CreativityandSense.com or from the
Service shall create any warranty not expressly stated in the Terms and
conditions.
Some of the material on CreativityandSense.com is provided by third
parties and CreativityandSense.com shall not be held responsible for
any such third party material.
10. Indemnity
You agree to defend, indemnify, and hold harmless
CreativityandSense.com, its officers, directors, employees and agents,
from and against any claims, actions or demands, including without
limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Content, the Service, your connection to the
Service or your breach of the terms of these Terms and conditions.
CreativityandSense.com shall provide notice to you promptly of any such
claim, suit, or proceeding and shall reasonably assist you, at your
expense, in defending any such claim, suit or proceeding.
11. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
12. Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied
with any of the Content or the Service or with these Terms and
conditions, or any other rules or policies, your sole remedy is to
discontinue use of CreativityandSense.com.
You expressly understand and agree that CreativityandSense.com shall
not be liable for any direct, indirect, incidental, special,
consequential or exemplary damages, including but not limited to,
damages for loss of profits, goodwill, use, data or other intangible
losses (even if CreativityandSense.com has been advised of the
possibility of such damages), resulting from: (i) the use or the
inability to use the Service; (ii) the cost of procurement of
substitute goods and services resulting from any goods, data,
information or services purchased or obtained or messages received or
transactions entered into through or from the Service; (iii)
unauthorised access to or alteration of your transmissions or data;
(iv) statements or conduct of any third party on the service; or (v)
any other matter relating to the Service.
In no event will CreativityandSense.com accept liability arising out of
or in respect of these Terms and Conditions.
CreativityandSense.com has the right to alter elements in relation to
the services, both on and offline, including aspects such as speaker
deletions or changes at events; changes of services offered; changes in
access to services.
User's proprietary rights: You agree that upon posting any material
within a group open to the public on the Service, you grant
CreativityandSense.com and its successors and assigns, a non-exclusive,
world-wide, royalty free, perpetual, non-revocable licence under your
copyrights or other intellectual property rights, if any, in such
material, to use, distribute, display, reproduce, and create derivative
works from such material in any and all media, in any manner, in whole
or part, without any duty to account to you. You also grant
CreativityandSense.com the right to authorise the downloading and
printing in whole or in part of any material that you have posted to a
group on the Service, by end-users for their personal use.
13. Modifications to the Terms and conditions or to the Service
CreativityandSense.com reserve the right to change the Terms and
conditions at any time without notice. CreativityandSense.com also
reserves the right at any time and from time to time to modify or
discontinue the Service, temporarily or permanently, with or without
notice to you. You agree that CreativityandSense.com shall not be
liable to you or any third party for any modification, suspension or
discontinuance of the Service.
14. Use and Storage
You acknowledge that CreativityandSense.com may establish general
practices and limits concerning use of the Service, including without
limitation the maximum number of days that directory listings or other
supplied Content will be retained by the Service.
You
agree that CreativityandSense.com has no responsibility or liability
for the deletion or failure to store any content and other
communications or other Content maintained or transmitted by the
Service. You further acknowledge that CreativityandSense.com reserves
the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
15. Termination
You agree that CreativityandSense.com, in its sole discretion, may
terminate your submission of content (or any part thereof) or use of
the Service, and remove and archive or discard any Content within the
Service for any reason, including, without limitation, if
CreativityandSense.com believes that you have violated or acted
inconsistently with the letter or spirit of the Terms and Conditions.
CreativityandSense.com may also in its sole discretion and at any time
discontinue providing the Service, or any part thereof, with or without
notice.
You agree that any termination of your access to the Service under any
provision of these Terms and conditions may be effected without prior
notice, and acknowledge and agree that CreativityandSense.com may
immediately deactivate, archive or delete your Content and all related
information and/or bar any further access to the Service. Further, you
agree that CreativityandSense.com shall not be liable to you or any
third-party for any termination of your access to the Service.
16. CreativityandSense.com Identifiers
CreativityandSense.com and other logos, product and service names
belong to O.G Media. Without prior permission or pre-authorised access,
you agree not to display or use in any manner, the
CreativityandSense.com identifiers.
17. General
The Terms and conditions constitute the entire agreement between you
and CreativityandSense.com and govern your use of the Service,
superseding any prior agreements between you and CreativityandSense.com
(including, but not limited to, any prior versions of the Terms and
conditions). You also may be subject to additional terms and conditions
that may apply when you use affiliates or other CreativityandSense.com
services or third-party content.
CreativityandSense.com makes no claims that the Content is appropriate
for any particular purpose or audience, or that it may be downloaded
outside of the United Kingdom. Access to the Content may not be legal
by certain persons or in certain countries. If you access the
CreativityandSense.com site from outside of the United Kingdom, you are
responsible for compliance with the laws of your jurisdiction.
CreativityandSense.com is headquartered in Northamptonshire, England.
All legal issues arising from or related to the use of the Service
shall be construed in accordance with and determined by the laws of the
England. By using CreativityandSense.com you agree that the exclusive
forum for bringing any claims or causes of action arising out of or
relating to your use of CreativityandSense.com are the English courts.
You hereby accept and submit to the jurisdiction of such court in any
such proceeding or action, and irrevocably waive, to the fullest extent
permitted by the law, any objection which you may have now or hereafter
have to be laying of the venue of any such action or proceeding brought
in such a court and any claim that any such action or proceeding
brought in such a court has been brought in an inconvenient forum.
If any provision of these Terms and conditions is found to be invalid
by any court having competent jurisdiction, the invalidity of such
provision shall not affect the validity of the remaining provisions of
these Terms and conditions, which shall remain in full force and
effect. No waiver of any term of these Terms and conditions shall be
deemed a further or continuing waiver of such term or any other term.
Thank you for your interest in CreativityandSense.com.
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