Terms of Use

Effective as of 11/11/2008

Acceptance of Terms


By accessing or using the Site, you agree to be bound by the terms of this Agreement. If you do not accept the terms of these terms, then please do not use this Site.

All of the material provided on the Site, such as graphics, photographs, text and any other material provided on the Site ("Content") are for informational purposes only and is NOT a substitute for professional medical advice. Please consult your physician with any questions or concerns you may have regarding your health.

Policy Regarding Copyright Infringement

Any copying or use of the images of artwork posted on this web site is prohibited without the expressed written permission of the artists. Notice is hereby provided that the copying of any images from this site will cause the loss of potential income to the artists. Use of the images without the artists consent would lead to an unjust enrichment. All persons who use or review this web site thereby agree with the terms that no images will be used for personal, financial, or educational purposes without the artist’s personal consent. The value of the use of the artworks is set at $500 per image, unless otherwise agreed by the artist(s). Further, without the consent for use by the artist(s) each is entitled to the full amount of profit that may be gained through such copyright infringement. Each person who reviews this web site with notice of the preservation of copyright interests by the artists is doing so in agreement with these terms. Violation of these terms will subject a person to a civil claim in the jurisdiction where the artist lives and the payment of attorney’s fees and costs for the artist to pursue a civil remedy.

Each artist by providing images for publication on this web site agree that the images can be used for academic purposes by the researchers in the Sparks of Creativity Study in all matters related to this ongoing project. The researchers include Jim Chambliss, Mark Cook, Barbara Bolt and David Williams. The artists assume total responsibility and risk for your use of the Site and the Internet. Each artist acknowledges and agrees that any publication of one’s artwork or personal statements on this Site may be intercepted and used by an unauthorized third party and that all of the risk associated with these activities is solely theirs. Exhibiting artists agree that the researchers listed above, Site Administrator, the web designers, the art curator, and all sponsors of this web site are not responsible for any unauthorized use of the images of artwork or personal statements by third parties or in any way responsible for seeking civil remedies on behalf of the artists and are release from liability for any negligence that may lead to a copyright infringement or personal loss. Any artists whose work is displayed on this Site may withdraw consent for display of images and personal information by request to the Site Administrator art any time. The Site Administrator is Jim Chambliss. The address for a notice to be sent is 23 Emo Road, Malvern East, Victoria 3245, Australia.

Links to Other Websites


Any links to other websites are provided merely as a convenience to this Site. The publishers and administrators of www.creativesparks-ep.com have not reviewed all of these other websites, have no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content. The "Creative Sparks Web Site" does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk. There are numerous links to Wikipedia in this Site. www.creativesparks-ep.com does not endorse or necessarily agree or disagree with its information. The links are provided solely for a general summary of contemporary societal views on a given topic.

Intellectual Property


The contents of the Site, such as text, graphics, logos, photographs and other information (the "Proprietary Content") is, unless otherwise noted, the property of www.creativesparks-ep.com, partners or contributors. The Proprietary Content is protected by Australian and Associated International Copyright and Trademark laws, and/or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial personal use; however, all copyright notices should be retained with the images. No portion of the Proprietary Content may be reprinted, republished, modified or distributed in any form without the express written permission of www.sparksofcreativity-ep.com as noted below.

To request permission to use material from the Site, as required by the preceding restrictions, contact Jim Chambliss. Please include the subject line "Request for permission to use material from “www.creativesparks-ep.com" in a prominent location.

Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by www.creativesparks-ep.com of the trademark owner, or vice-versa, or that such trademark owner has authorized www.migraine-aura.org to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by www.creativesparks-ep.com. Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of www.creativesparks-ep.com or any third party.

Any unauthorized use of the content of this site may result in an action to seek civil remedies. Any person or organization using Content from this site without express consent will be responsible for paying for the use of the material at fair market value, consequential damages plus any and all the legal fees and costs incurred to www.creativesparks-ep.com or the third party owners of the legally protected materials.

Acceptable and Lawful Use of the Site


Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any www.migraine-aura.org or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for www.migraine-aura.org or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.

No Warranties


The site and the content and services made available on the site are provided on an "as is" and "as available" basis.

The information contained on this site is not intended to be a substitute for professional medical advice. You should seek the advice of your physician or other qualified health provider for any questions you may have regarding a medical condition.

www.creativesparks-ep.com does not make any express or implied warranties, representations or endorsements whatsoever (including, but not limited to, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the site, the site content, any advice or services provided through the site or on the Internet generally. Some states may not permit the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. www.creativesparks-ep.com does not warrant that the site or services will be uninterrupted or error-free or that defects in the site will be corrected.

Limitation of Liability


Under no circumstances shall www.creativesparks, our participants, contributors, agents, employees, or any other party involved in creating, producing or distributing the site or providing content, advice, products or services through the site be liable for any direct, indirect, incidental, special or consequential damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages) that result from: (i) the use of or inability to use the site; (ii) any inaccuracies or omissions in the content; (iii) use of the content; (iv) the cost of procuring substitute merchandise, advice and services resulting from use of the site; (v) unauthorized access to or alteration of your transmissions or data; (vi) statements, advice, warranties, guarantees or conduct of www.creativesparks-ep.com or any third party on the site, or (vii) any other matter relating to the use of the site.

You hereby acknowledge that these terms shall apply to all content, advice, merchandise and services available through the site. In no event shall www.creativesparks-ep.com's total cumulative liability under these terms exceed the lesser amount of any fees paid to www.migraine-aura.org, if any, for the use of the site by you or $1.00.

Because some states may not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the least amount permitted by law. The limitations of liability provided in this agreement inure to the benefit of www.creativesparks-ep.com and their affiliates, partners, contributors, officers, directors, employees, assigns, attorneys and agents.

Indemnification


You agree to indemnify, defend and hold www.creativesparks-ep.com and our affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of, or reliance on the products, services, advice, or information provided through the Site, or (iii) your breach of any provision of this Agreement. www.migraine-aura.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with www.migraine-aura.org in asserting any available defenses.

Policy Regarding Copyright Infringement and Designation of a Copyright Agent

What This Privacy Policy Covers


www.creativesparks-ep.com's policy regarding copyright infringement and www.creativesparks-ep.com's designated agent for receipt of copyright infringement claims pursuant to the applicable laws in Australia and of the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:

www.creativesparks-ep.com respects the intellectual property rights of others and requires those that visit our website or use our network to do the same. www.creativespark-ep.com may, in appropriate circumstances and at its discretion, remove or disable access to material on its website or its network that infringes upon the copyright of others. www.creativesparks-ep.com also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.

If you believe that your work has been used on our web site or our network in any manner that constitutes copyright infringement, please notify us by written notice.

Privacy Policy


This policy covers how we treat personal information that we collect and receive. Any person who has information about them, or to which they have a protected legal interest, can contact Jim Chambliss about having that information revised or removed.

We may update this policy. We encourage our visitors to review this policy periodically for any updates or changes.

We automatically receive and record information on our server logs from your browser, including your IP address (your computer's address), and the page you request. For most users accessing the Internet from a dial-up Internet service provider, the IP address will be different every time you log on.

We use this data to estimate the total number of users visiting us.

We do not use cookies (information sent by us to your browser).

Unless you contact us by e-mail, letter, phone or otherwise, we do not collect personal information. Personal information is information about you that is personally identifiable like your name, address, email address, or phone number and that is not otherwise publicly available.


   

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