1. ACCEPTANCE OF TERMS AND CONDITIONS
Creativity Explored provides this website in support of its mission to advance the value and diversity of artistic expression. By accessing the Creativity Exploredwebsite, you fully accept and agree to be bound by these Terms and Conditions (the "Terms and Conditions"). At any time, Creativity Explored may revise these Terms and Conditions, and you will be bound to those revisions and you are solely responsible for being in compliance with the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, please exit and discontinue your use of the Creativity Explored website.
2. PROTECTION OF PRIVACY
The names, titles, trade names, trademarks, service marks, and logos that appear on the CE website are registered and unregistered marks of Creativity Explored ("Creativity Explored Trademarks"). You may not use the Creativity Explored Trademarks without Creativity Explored's prior, written permission. The trademarks of third parties may also appear on the Creativity Explored website from time to time, and are the property of their respective owners. You acknowledge and agree that nothing on the Creativity Explored website grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any of the Creativity Explored Trademarks or third party trademarks without prior, written permission of Creativity Explored or any third party trademark owner. Your misuse of any of the Creativity Explored Trademarks displayed on this website, including alteration or use out of context, is strictly prohibited.
Creativity Explored is committed to protecting the copyrights and other intellectual property rights of creative artists and others. Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the Creativity Explored website are protected by copyright laws and may be covered by other restrictions as well. Creativity Explored retains all rights it may hold, including copyright, in data, images, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, Creativity Explored. Creativity Explored expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication or any commercial exploitation of any protected materials on this website.
5. NO COMMERCIAL USE
Unauthorized publication or exploitation of Creativity Explored's files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than personal non-commercial viewing, must request and receive prior permission. All requests must be submitted in writing to:
3245 16th Street
, San Francisco, CA 94103
6. RESERVATION OF RIGHTS
All rights not expressly granted by Creativity Exploredherein are specifically and completely reserved. Nothing on the Creativity Explored website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that Creativity Exploredhas authority to grant any right or license on behalf of any third party.
Any communication or material you post, transmit, or distribute to the Creativity Explored website by electronic mail or otherwise, including any data or other content, questions, comments, suggestions, or the like, is and will be treated as, nonconfidential and nonproprietary. Anything you transmit or post may be used by Creativity Explored or its affiliates for any purpose, including but not limited to, reproduction, disclosure (to law enforcement entities or others), transmission, publication, broadcast, posting, and deletion. Furthermore, Creativity Explored is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Creativity Explored website for any purpose whatsoever including but not limited to, developing, manufacturing, and marketing products using such information.
8. WARRANTY AND INDEMNIFICATION
By using the Creativity Explored website in any manner, you represent and warrant that your use will be consistent with these Terms and Conditions. You agree to indemnify, defend, and hold Creativity Explored, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys' fees), judgments, liabilities, losses, and damages arising from or relating to your use of the Creativity Explored website.
9. DISCLAIMER OF WARRANTIES
Creativity Explored provides the Creativity Explored website on an “as-is” basis. The Creativity Explored website may also contain links to third party websites. Your use of the Creativity Explored website, its content, or the content of linked websites is solely at your own risk. Creativity Explored disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, ownership and/or non-infringement of copyrights or other third party proprietary rights, or implied warranties arising from course of dealing or course of performance. Creativity Explored does not warrant that the CE website will provide continuous, prompt, secure, or error-free service. CE does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Creativity Explored website will meet your expectations. Further, Creativity Explored makes reasonable ongoing efforts to revise and update the Creativity Explored website, but assumes no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Creativity Explored website. Creativity Explored assumes no responsibility, and shall not be liable for, any damages to, or viruses which may affect, your computer equipment or other property arising from your use of the Creativity Explored website.
10. LIMITATION OF LIABILITY
Neither Creativity Explored, its affiliates, trustees, directors, officers, parents, subsidiaries, licensors, suppliers, artists, employees, or agents shall have any liability in any action for any direct, indirect, incidental, compensatory, punitive, special, or consequential damages (even if we have been advised of the possibility of such damages) including, but not limited to, damages arising out of or relating to: (a) your use or inability to use theCreativity Explored website; (b) your reliance on any content on the Creativity Explored website; (c) any goods or services purchased through use of the Creativity Exploredwebsite; or (d) any goods or services advertised on theCreativity Explored website. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.
11. SEVERABILITY AND WAIVER
You acknowledge and agree that in the event any provision of these Terms and Conditions shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Conditions. Creativity Explored's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by Creativity Explored.
12. VENUE AND CHOICE OF LAW
These Terms and Conditions and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of California, without regard to principles of conflict of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms and Conditions shall be brought in any Federal or State court located in San Francisco, CA, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
13. ENTIRE AGREEMENT
These Terms and Conditions are the complete statement of the agreement of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject matter hereof. In order to be binding, any amendment or modification of these Terms and Conditions must be effected by an instrument in writing signed by the parties.
14. DIGITAL MILLENIUM COPYRIGHT AGENT
The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials appearing on the Creativity Explored website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
In addition, if you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. One place to find more information is the U.S. Copyright Office
In accordance with the DMCA, Creativity Explored has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows:
3245 16th Street,
San Francisco, CA 94103
Please note: If you materially misrepresent that online material, products, or activity is infringing your copyrights, you may be liable for damages (including court costs and attorneys' fees) and could be subject to criminal prosecution for perjury. We suggest that you consult your legal advisor before filing a notice or counter-notice.
For questions, inquiries or correspondence, please contact:
3245 16th Street
, San Francisco, CA 94103