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Thank
you for your interest in CreativeSparks.com! By using
CreativeSparks.com, and signing up as a Client, you agree
to be legally bound by these Terms and Conditions, including
those terms and conditions incorporated by reference.
Please read these terms carefully. If you do not accept
these Terms and Conditions stated here without modification,
you may not use the CreativeSparks.com service. CreativeSparks.com
may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically
to review the Terms and Conditions, because they are binding
on you. In these Terms and Conditions, CreativeSparks.com,
the CreativeSparks.com service, all services related to
it, and all text, images, photographs, user interface,
"look" and "feel", data and other content included in
it from time to time (including, without limitation, the
selection, coordination and arrangement of such content)
are referred to as the "Web Site" or "Service." CreativeSparks.com
is owned and operated by CreativeSparks.com, Inc.
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Web Site Generally |
(a) Description. The CreativeSparks.com
Service is an online offering where individuals
or entities that have signed up with CreativeSparks.com
as clients (each, a "Client") can post specific
assignments and project descriptions, including
illustrative samples or other media, (each,
a "Preliminary Designs"), revise those Preliminary
Designs ("Revised Design") and obtain responses
(each, a "Response") to those Preliminary
and Revision Designs from design experts retained
by CreativeSparks.com ("Members"). Clients will
be provided the Service according to the Packages
chosen by Client as detailed in Section 1(f).
Client's Responses will be created iteratively
through a drafting cycle of Preliminary Designs,
Revised Designs and Responses, ultimately
resulting in a final Response conforming to
Client's various Preliminary & Revised Designs.
(b) Preliminary Designs and Responses.
Each Client is solely responsible for preparing
and posting detailed descriptions of each
of its Preliminary Designs, including providing
samples illustrating Client's Preliminary
Designs ("Samples"), the applicable deadline,
and other relevant terms and conditions. For
each Response that the Client wants to a Preliminary
Designs, a term sheet (a "Term Sheet") will
be generated that will contain, and be subject
to, the terms and conditions established by
the Client for the Preliminary and Revised
Designs, including the deadlines and any terms
or conditions required by Client. CreativeSparks.com
is under no obligation to review a Preliminary
and Revised Designs or Term Sheet for any
purpose, including accuracy, completeness
of information, quality or clarity. CreativeSparks.com
may decide, in its sole discretion, to deny
Preliminary or Revised Designs, or a Term
Sheet.
(c) When CreativeSparks.com provides a
Response to a Client, the Client shall review
the Response. If a Client fails to promptly
inform CreativeSparks.com that the Response is
not reasonably responsive to the Term Sheet
or Creative Brief, the Client will be deemed
to have accepted the Response. If a Client
notifies CreativeSparks.com that the Client thinks
a Response is not reasonably responsive to
the Creative Brief, the Client shall submit
information regarding amendments or modification
to be made to the initial Response ("Revised
Design"). After providing a Revised Design,
Client will be provided a subsequent Response
that conforms with the additional criteria
requested by Client.
(d) Responses. CreativeSparks.com is not
responsible for the content of Responses developed
(e) Client Accounts.
| a. Payment.
Logo Design Clients registering
for the Service must pay for 50% of
the Service via credit card, or other
payment method expressly authorized
by 1369285 Ontario Limited via CreativeSparks.com,
at the time of registration for the
Service and 50% on completion. All other
Clients registering for any other service
are required to pay in full upon placing
the order. Client's will be charged
for the Package(s) selected. If you
pay your account by credit card, you
will be required to provide a valid
credit card number and your credit card
billing address when you register as
a Client. CreativeSparks.com will email
client a receipt for the transactions
in which Client is involved. Our fee
policy for Clients may change and we
may decide to impose additional fees
on Clients at any time. Such fees will
not, however, apply to Projects submitted
before such change in fees by CreativeSparks.com.
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| b.
Refunds. If Client is not satisfied
with the initial Responses provided
by CreativeSparks.com, Client may request
a refund by emailing CreativeSparks.com
at refund@CreativeSparks.com Upon timely
receipt of the completed form, CreativeSparks.com
will refund the total payment made by
Client, less a sixty dollar ($60.00)
service and processing fee. Once Client
requests additional revisions for any
of the initial concepts, Client shall
forfeit the right to the refund as outlined
above. Acceptance of such refund shall
constitute Client's sole and exclusive
remedy with respect to such Responses.
Should Client receive such refund, Client
acknowledges that it will have no right
(express or implied) to use any Response
or other work product, content, or media,
nor any ownership interest in or to
the same. |
| c.
Project duration. Client agrees
to provide timely responses to CreativeSparks.com
after receiving status notifications
from CreativeSparks.com. Client shall have
30 days to respond to each set of Responses
submitted to Client for review. If after
30 days the Client has failed to so
respond, CreativeSparks.com will assume
the Project complete and the Project
shall be deemed to be complete. At such
time, CreativeSparks.com shall have no further
obligation to Client, and Client shall
pay CreativeSparks.com all fees and expenses
associated with work performed by CreativeSparks.com.
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(f) Packages. Client
may select from the following Service Packages:
Logo
Design
Flicker Packages:
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2 Week Lead-Time For Preliminary Designs
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3-5 original Designs
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2 revision cycles
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Sparks Packages:
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7 10 Days Lead-Time For Preliminary
Designs
•
3-5 original Designs
•
3 revisions cycles |
Ignite Package:
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1 Week Lead-Time For Preliminary Design
•
5 original Response stationery sets
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3 revision cycles |
Detonate Packages:
•
3 Days Lead-Time For Preliminary Designs
•
5 original Designs
•
10 revisions cycles
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Explosion Packages:
•
1 Day Lead-Time For Preliminary Designs
•
5 original Designs
•
10 revisions cycles
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CreativeSparks.com offers many other custom packages.
Pricing is supplied upon request or supplied
through our Rates Section.
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Eligibility,
Access, Use and Service. |
(a) Eligibility Requirements. To
register as a Client, you much be at least
18 years of age, agree to these Terms and
Conditions and the Privacy Policy, and complete
the registration procedure. By registering
as a Client, you represent and warrant that
you meet these eligibility requirements, that
the information you include as part of the
registration process is complete and accurate
and, if you are registering on behalf of an
entity, that you are authorized to bind that
entity to these Terms and Conditions. CreativeSparks.com
may accept or reject your registration in
its sole discretion. The Service is not directed
to children.
(b) Authorization to Use; Permitted
Uses. You may access and use the Service
solely in accordance with these Terms and
Conditions and any posted policies and procedures
that appear on the Web Site. You may provide
Preliminary Designs and obtain Responses only
if you register as a Client. Any use of the
Web Site is at your sole risk and responsibility.
Subject to these Terms and Conditions, you
may (i) display the Web Site on an internet
access device, and (ii) on an occasional,
infrequent and ad hoc basis, and only in circumstances
that constitute "fair use" under Canadian
copyright law, print copies of insubstantial
portions of the Web Site. Except as expressly
authorized by the foregoing sentence and as
otherwise permitted herein, you may not display
or print the Web Site and in no event may
you broadcast, circulate, distribute, download,
perform, publish, rent, reproduce, sell, store,
transmit or create decorative works from the
Web Site.
(c) Prohibited Uses Generally. You
are required to comply with all applicable
laws (including, without limitation, any applicable
export controls) in connection with your use
of the Service, and such further limitations
as may be set forth in any written or on-screen
notice from CreativeSparks.com. Without limiting
the foregoing, you agree not to transmit,
distribute, post, communicate or store information
or other material on, to or through the Web
Site that (i) is copyrighted, unless you are
the copyright owner; (ii) reveals trade secrets,
unless you own them; (iii) infringes on any
other intellectual property rights of others
or on the privacy or publicity rights of others;
(iv) is obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing
to any other person or entity; (v) is sexually-explicit;
(vi) constitutes advertisements or solicitations
of business, chain letters or pyramid schemes;
or (vii) contains viruses, Trojan horses,
worms, time bombs, or other computer programming
routines or engines that are intended to damage,
detrimentally interfere with, surreptitiously
intercept or expropriate any system, data
or information. You further agree not to (i)
use any incomplete, false or inaccurate biographical
information or other information for purposes
of registering as a Client; (ii) delete or
revise any material or other information of
any other user or CreativeSparks.com; (iii) take
any action that imposes an unreasonable or
disproportionately large load on the Web Site's
infrastructure; (iv) use any device, software
or routine to interfere or attempt to interfere
with the proper working of this Service or
any activity being conducted on this site;
(v) use or attempt to use any engine, software,
tool, agent or other device or mechanism(including
without limitation browsers, spiders, robots,
avatar's or intelligent agents) to navigate
or search this Web Site other than the search
engine and search agents available from CreativeSparks.com
on this Web Site and other than generally
available third party web browsers (e.g.,
Netscape Navigator and Microsoft Internet
Explorer); or (vi) attempt to decipher, decompile,
disassemble or reverse engineer any of the
software comprising or in any way making up
a part of the Web Site. You are prohibited
from violating or attempting to violate the
security of the Web Site, including, without
limitation, (i) accessing data not intended
for you or logging into a server or account
that you are not authorized to access; (ii)
attempting to probe, scan or test the vulnerability
of a system or network or to breach security
or authentication measures without proper
authorization; (iii) attempting to interfere
with service to any user, host or network,
including, without limitation, by way of submitting
a virus to, or overloading, "flooding", "spamming",
"mailbombing" or "crashing", the Web Site;
(iv) sending unsolicited e-mail, including
promotions and/or advertising of products
or services; or (v) forging any TCP/IP packet
header or any part of the header information
in any e-mail or posting. Violations of system
or network security may result in civil or
criminal liability. CreativeSparks.com will investigate
occurrences that may involve such violations
and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved
in such violations. CreativeSparks.com reserves
the right to review postings on the Web Site,
to remove any postings, and to terminate your
ability to communicate with, or post to, the
Web Site at any time without notice, in its
sole discretion. CreativeSparks.com will take
commercially reasonable efforts not to disclose
any information you communicate with, or post
to, the Web Site but reserves the right to
disclose such information to the extent necessary
to satisfy any applicable law, regulation,
legal process or governmental request, or
to edit, refuse to post or to remove any information
or materials, in whole or in part.
(d) Operation of Web Site. CreativeSparks.com
shall not be responsible for any delays or
interruptions of, or errors or omissions contained
in, the Web Site. CreativeSparks.com reserves
the right, but shall not be required, to correct
any delays, interruptions, errors or omissions.
Although CreativeSparks.com intends to use commercially
reasonable efforts to make the Web Site and
Service accessible, CreativeSparks.com makes no
representation, warranty or covenant that
the Web Site or Service will be available
at all times or at any time. Various circumstances
may prevent or delay availability. CreativeSparks.com
may at any time discontinue the Web Site in
whole or in part, may change or eliminate
any transmission method, and may change transmission
speeds or other signal characteristics. CreativeSparks.com
shall not be responsible for any loss, cost,
damage or liability that may result.
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Responsibility
for Content; Other Representations, Warranties
and Covenants. |
(a) Company. CreativeSparks.com shall
not be responsible for any use that is or
is not made of the Web Site or the Service.
Without limiting the foregoing, CreativeSparks.com
makes no representations, warranties or covenants
regarding, and does not guarantee, the truthfulness,
accuracy, or reliability of any information
or other material (including, without limitation,
any Preliminary Design, Term Sheets, Responses
or User Identity (as defined below)) that
are communicated through, or posted to, the
Service, whether by Members, Clients, CreativeSparks.com
or otherwise, nor does CreativeSparks.com endorse
any opinions expressed by any user of the
Web Site, including any Member or Client.
Without limiting the foregoing, CreativeSparks.com
makes no representations, warranties or covenants
regarding the validity of the rights to Responses
granted pursuant to this Agreement. You acknowledge
that any reliance on information or other
material, including, without limitation, any
Job, Term Sheet, Response or User Identity,
communicated through the Service, or posted
to the Web Site will be at your own risk.
Without limiting the foregoing, each Client
agrees and acknowledges that it uses each
Response at its own risk and that it is responsible
for taking any actions it deems reasonable
to determine whether its use of a Response
will infringe any third party intellectual
property, privacy or publicity rights.
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Ownership; Rights to Use. |
(a) Web Site and Service Generally.
Except as expressly contemplated under
this Agreement, as between CreativeSparks.com
and you, CreativeSparks.com will own all right,
title and interest in and to all copyright,
trademark, service mark, patent, trade secret
or other intellectual property and proprietary
rights in and to the Web Site and Service,
in all media now known or later devised, to
the full extent provided under Canadian and
international law. You shall not remove, conceal
or alter any copyright notice, byline information,
disclaimer, restriction or other notice on
the Web Site or any portion thereof. You shall
not use or permit any third party to use the
name, trademarks, trade names, or trade address
of CreativeSparks.com, including "CreativeSparks.com",
without the prior written consent of CreativeSparks.com
in its sole discretion for each such use.
(b) Preliminary & Revised Designs.
Upon submission a Preliminary and Revised
Designs or any other information or media
provided by Client in connection with Client's
use of the Service (collectively, the "Client
Information"), CreativeSparks.com and its agents
shall have all rights and licenses necessary
to use such Client Information for purposes
of obtaining Responses and for archival purposes.
Each Member to whom a Client project is made
available has the right to review and display
the Term Sheet solely for purposes of preparing
a Response.
(c) Rights of CreativeSparks.com. Upon
Client's submission of Client Information
to the Service, Client grants CreativeSparks.com
and its agents (including 1369285 Ontario
Limited.) a royalty-free, perpetual, irrevocable,
sublicenseable, exclusive, worldwide right
(including any moral rights) and license to
use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute,
communicate to the public, perform and display
(in whole or in part), and/or incorporate
in other works, in any form, media, or technology
now known or later developed, such Client
Information, for the full term of any intellectual
property rights that may exist in such Client
Information to the extent necessary to provide
Client with the Service and Responses.
(d) Rights of Clients. Subject
to Client's compliance with the terms and
conditions of this Agreement, Client shall
own final Response compositions provided to
Client by CreativeSparks.com hereunder. Client
shall not, however, own any materials, media
or other content generated during any revision
cycles leading up to the final Response composition,
with such right, title and interest expressly
reserved to CreativeSparks.com. Client acknowledges
and hereby grants to CreativeSparks.com the right
to use Preliminary and Revised Designs, as
well as individual Responses provided to Client,
for internal and archival purposes, and in
order to display and promote the CreativeSparks.com
Service. Client acknowledges that its rights
under this Agreement shall be limited solely
to the final Response compositions, and that
no trade or service marks in or to such final
Response compositions are being conveyed under
this Agreement. Client acknowledges that CreativeSparks.com
shall have no obligation or duty to perform
trade or service mark searches or inquiries,
or the like, in order validate the propriety
or legality of the Response compositions.
Accordingly, Client is encouraged to perform
its own independent searches with regard to
the Response compositions. Furthermore, Client
acknowledges that CreativeSparks.com shall have
no responsibility or obligation of any kind
to assist Client in seeking provincial or
federal intellectual property protection (i.e.,
without limitation, trademark registration)
for the Responses, nor shall CreativeSparks.com
be responsible in otherwise assisting Client
in any way in Client's perfection of Client's
rights in or to the Responses.
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Registration, Password, User
Identity. |
(a) Your User Identity. When you
receive your Preliminary Designs you will
be issued a user identity (your "User Identity"),
which will be your identity for purposes of
interacting with other users through the Web
Site.
(b) Access Numbers, Passwords, and
Password Access. You shall keep confidential,
shall not disseminate, and shall use solely
in accordance with these Terms and Conditions,
your User Identity, registration identification
and password for the Web Site. You shall immediately
notify CreativeSparks.com if you learn of or suspect:
(i) any loss or theft of your User Identity,
registration identification or password, or
(ii) any unauthorized use of your registration
identification or password or of the Web Site.
In the event of such loss, theft, or unauthorized
use, CreativeSparks.com may impose on you, at
CreativeSparks.com sole discretion, additional
security obligations.
(c) Security Breaches and Revision.
If any unauthorized person obtains access
to the Web Site as a result of any act or
omission by you, you shall use your best efforts
to ascertain the source and manner of acquisition
and shall fully and promptly brief CreativeSparks.com.
You shall otherwise cooperate and assist in
any investigation relating to any such unauthorized
access.
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Nondisclosure and Privacy. |
(a) Privacy. CreativeSparks.com intends
to use commercially reasonable efforts to
follow its privacy policy, as such privacy
policy may be changed from time to time at
CreativeSparks.com's sole discretion. Notwithstanding
the foregoing, CreativeSparks.com cannot and does
not assume any responsibility or liability
for any information submitted to the Web Site
or for the use or misuse of any information
submitted by you or any other person, including,
without limitation, any information accessed
by a hacker or by any other malicious act.
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Disclaimers; Limitations of
Liability. |
(a) Generally; Release from Claims.
The Service serves solely as a venue for the
creation of work and CreativeSparks.com does not
screen or censor any information or material
posted to the Web Site. Although CreativeSparks.com
makes commercially reasonable efforts to determine
the identity of Clients, CreativeSparks.com cannot
and does not confirm that any Client or other
user is who they claim to be or that any Client
or other user has the qualifications he or
she claims to have. Because CreativeSparks.com
does not and cannot be involved in user-to-user
dealings or control the behavior of participants
on the Web Site, if you have a dispute with
one or more users, you release CreativeSparks.com
(and our affiliates, agents and employees)
from claims, demands and damages (actual and
consequential, direct and indirect) of every
kind and nature, known and unknown, suspected
and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with
such disputes. If you are a California resident,
you waive California Civil Code section 1542,
which says: "A general release does not extend
to claims which the creditor does not know
or suspect to exist in his favor at the time
of executing the release, which if known by
him must have materially affected his settlement
with the debtor."
(b) Disclaimer of Warranties. THE
SERVICE AND THE RESPONSES ARE PROVIDED "AS
IS." CreativeSparks.com MAKES NO REPRESENTATION
OR WARRANTY OF ANY KIND WHATSOEVER TO YOU
OR ANY OTHER PERSON RELATING IN ANY WAY TO
THE WEB SITE, INCLUDING ANY PART THEREOF,
OR ANY WEB SITE OR OTHER CONTENT OR SERVICE
THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY
THROUGH THE WEB SITE, INCLUDING ANY RESPONSE,
JOB, TERM SHEET, USER IDENTITY OR LINKED CONTENT
(ASHEREINAFTER DEFINED). CreativeSparks.com DISCLAIMS
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY
AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
CreativeSparks.com DISCLAIMS TO THE MAXIMUM EXTENT
PERMITTED BY LAW ANY AND ALL (i) WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT
OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR
PROPRIETARY RIGHTS, (iii)WARRANTIES RELATING
TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS
IN THE WEB SITE, OR ANY PART THEREOF, (iv)
WARRANTIES RELATING TO THE TRANSMISSION OR
DELIVERY OF THE WEB SITE, AND (v) WARRANTIES
OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE,
OR OTHER ACTS OROMISSIONS BY CreativeSparks.com
OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING
THE GENERALITY OF ANYOF THE FOREGOING, THERE
IS NO WARRANTY THAT THE WEBSITE WILL MEET
YOUR NEEDS OR REQUIREMENTS OR THENEEDS OR
REQUIREMENTS OF ANY OTHER PERSON.(c) Limitation
of Remedy. NEITHER CreativeSparks.com NOR ANY
THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER
PERSON FORANY REMEDY, LIABILITY, DAMAGES,
COSTS, OR LOSSESWHATSOEVER RELATING IN ANY
WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF,
OR ANY OTHER CONTENT, WHETHER ARISING UNDER
THESE TERMS OR APPLICABLE LAW,INCLUDING CONTRACT,
TORT, STATUTORY, OR ANY OTHERLAW.(d) Exclusion
of Consequential Damages. IN NO EVENT SHALL
THE COMPANY OR ANY THIRD PARTY BE LIABLE TO
YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL,
INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE,
OR INDIRECT DAMAGES ARISING UNDER OR IN ANY
WAY RELATED TO THE WEB SITE,INCLUDING ANY
PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING
LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS
INTERRUPTION, TRADING LOSSES, AND DAMAGES
THAT RESULT FROM INACCURACY OF THE INFORMATION
OR INCONVENIENCE, DELAY, OR LOSS OF THE USE
OF THESERVICE) EVEN IF CreativeSparks.com OR ANY
THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES.
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Indemnification.
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Upon a request by CreativeSparks.com, you agree
to defend, indemnify and hold harmless CreativeSparks.com
and its subsidiaries, affiliates, officers,
agents, co-branders or other partners and
employees from all liabilities to, claims
of any third party due to or arising out of
your violation of any of these Terms and Conditions
or your use of the Web Site, and any expenses,
including, without limitation, reasonable
solicitor fees, incurred in connection therewith.
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Links to Third Party Services.
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The Web Site may contain links to third party
web sites or other services (the "Linked Content").
The Linked Content is not under the control
of CreativeSparks.com and CreativeSparks.com is not
responsible for the Linked Content, including,
without limitation, links contained in the
Linked Content, or any changes or updates
to Linked Content. CreativeSparks.com is providing
Linked Content to you only as a convenience,
and the inclusion of such Linked Content is
not an endorsement by CreativeSparks.com of such
Linked Content. If you decide to access any
Linked Content, you do so at your own risk.
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Termination. |
CreativeSparks.com reserves the right, in its
sole discretion, to terminate Client's access
to all or a portion of the Service, at any
time, with or without notice. In the event
of such termination, CreativeSparks.com will work
with Client to determine the amount of any
refund (if any) to be paid to Client as a
result of such termination. Should Client's
use of the Service result from Client's material
breach of the terms and conditions of this
Agreement, or any other agreement to which
CreativeSparks.com and Client are a party, Client
shall not be entitled to any refund, unless
otherwise mutually agreed upon by the parties.
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General. |
These Terms and Conditions set forth the entire
agreement and understanding of the parties
with respect to the subject matter hereof
and supersede any and all prior oral or written
agreements and understandings, and any and
all contemporaneous oral agreements and understandings
(excluding any associated agreements required
by CreativeSparks.com (e.g., privacy policy) as
a condition precedent to Client's use of the
Service), between you and CreativeSparks.com regarding
the subject matter of these Terms and Conditions.
No modification, amendment, or waiver of these
Terms and Conditions or Use or any part of
them shall be binding unless evidenced in
writing and signed by CreativeSparks.com. If any
provision of these Terms and Conditions is
held by a court of competent jurisdiction
to be invalid, void, or unenforceable, then
such provision shall be deemed null and void,
but the remaining provisions shall continue
in full force without being impaired or invalidated
in any way. The language of these Terms and
Conditions shall be deemed to be the language
mutually chosen by the parties and no rule
of strict construction shall be applied against
or in favor of either party hereto. The section
headings and other headings contained in these
Terms shall not affect the meaning or interpretation
of these Terms and Conditions. These Terms
and Conditions shall be governed by the substantive
law of the Province of Ontario, without reference
to any choice of law rules that would result
in the application of the substantive law
of any other jurisdiction. The parties agree
that any disputes arising out of or relating
to these Terms and Conditions shall be submitted
to the federal courts having jurisdiction
in Ottawa, Ontario, or provincial courts having
jurisdiction in the area in which such federal
courts have jurisdiction, and the parties
consent to the personal jurisdiction of such
courts in respect of such disputes. You may
not assign or otherwise transfer (by operation
of law or otherwise) any of your rights or
duties hereunder unless CreativeSparks.com agrees
in writing after receiving prior written notice.
Any attempted assignment or other transfer
without the requisite consent shall be null
and void. CreativeSparks.com may assign or otherwise
transfer any of its rights or the performance
of any of its duties. The waiver by CreativeSparks.com
of a breach or a violation of any provision
of these Terms and Conditions shall not operate
as or be construed to be a waiver of any subsequent
breach or violation of any provision of these
Terms and Conditions.
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