PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.
The following legal restrictions and terms of use apply to CommunicationAcceleration.com and any other site owned and/or operated by or on behalf of Creative Media Spark Inc. or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as “CommunicationAcceleration.com” and “Creative Media Spark” and/or “we” respectively).
USE OF MATERIALS
This site is owned and operated by Creative Media Spark Inc. and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of CommunicationAcceleration.com are the property of Creative Media Spark and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from CommunicationAcceleration.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Creative Media Spark’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.
In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by Creative Media Spark. Creative Media Spark does not transfer title to the Software to you. As between you and Creative Media Spark, Creative Media Spark retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.
You hereby grant Creative Media Spark and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on CommunicationAcceleration.com, including without limitation via message boards, chat rooms and/or blogs or any other features on CommunicationAcceleration.com, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.
USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on CommunicationAcceleration.com. Users are not permitted to upload to, distribute through, or otherwise publish through CommunicationAcceleration.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights
of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on CommunicationAcceleration.com. Unauthorized collection and/or use of email addresses via CommunicationAcceleration.com is also not allowed.
You hereby agree to comply with all laws that apply or may apply to your use of or activities on CommunicationAcceleration.com and any rules for conduct on CommunicationAcceleration.com or use of specific features and/or services offered thereon that may be posted on CommunicationAcceleration.com, whether in these terms of use or otherwise, from time to time.
NO PERSONAL ADVICE
Any informational materials provided on CommunicationAcceleration.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Creative Media Spark makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through CommunicationAcceleration.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.
THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via CommunicationAcceleration.com are solely between you and such entity. You agree that Creative Media Spark shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that Creative Media Spark does not endorse, verify, or make any representations regarding any third party advertisements, products or services and does not confirm that each user of CommunicationAcceleration.com is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization, individual or prospective employer advertising on CommunicationAcceleration.com, and you are solely responsible for your decision to submit personal information to any third party, whether in connection with potential employment or otherwise.
CHANGES TO SITE
Creative Media Spark may add, change, discontinue, remove or suspend any portion of CommunicationAcceleration.com at any time, without notice.
TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from CommunicationAcceleration.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Creative Media Spark, if in Creative Media Spark’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from CommunicationAcceleration.com and all copies thereof, whether made under the terms of this Agreement or otherwise.
DISCLAIMER
CREATIVE MEDIA SPARK MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO COMMUNICATIONACCELERATION.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” CREATIVE MEDIA SPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO COMMUNICATIONACCELERATION.COM AND ANY WEB SITE WITH WHICH IT IS LINKED. CREATIVE MEDIA SPARK DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON COMMUNICATIONACCELERATION.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT COMMUNICATIONACCELERATION.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF COMMUNICATIONACCELERATION.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. CREATIVE MEDIA SPARK DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON COMMUNICATIONACCELERATION.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CREATIVE MEDIA SPARK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CREATIVE MEDIA SPARK BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON COMMUNICATIONACCELERATION.COM, EVEN IF CREATIVE MEDIA SPARK OR A CREATIVE MEDIA SPARK AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CREATIVE MEDIA SPARK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING COMMUNICATIONACCELERATION.COM.
YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING COMMUNICATIONACCELERATION.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “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.”
INDEMNIFICATION
By using CommunicationAcceleration.com, you agree to indemnify, defend and hold harmless Creative Media Spark from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; (2) a claim that is based on your use of any content on CommunicationAcceleration.com; or (3) any material uploaded by you or through your computer to CommunicationAcceleration.com or otherwise sent by you to Creative Media Spark. You will cooperate as fully and reasonably as required by Creative Media Spark in the defense of any claim. Creative Media Spark reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Creative Media Spark.
JURISDICTIONAL ISSUES
CommunicationAcceleration.com is controlled and operated by Creative Media Spark from its offices in New York, United States of America. Creative Media Spark makes no representation that materials on CommunicationAcceleration.com are appropriate or available for use in other locations. Those who choose to access CommunicationAcceleration.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from CommunicationAcceleration.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
OTHER
This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Creative Media Spark each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the federal courts of the southern district of New York. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.
PERMISSION FOR REPRINTS
All material on CommunicationAcceleration.com without limitation, is protected by U.S. and foreign copyright and trademark laws.
PERMISSION FOR WEB LINKING
If you link to CommunicationAcceleration.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Creative Media Spark. Any such link must not damage, dilute or tarnish the goodwill associated with Creative Media Spark and/or any Creative Media Spark intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Creative Media Spark, and you may not “frame” CommunicationAcceleration.com. You may not link to CommunicationAcceleration.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Creative Media Spark’s sole discretion. Creative Media Spark reserves the right, in its sole discretion, to terminate any link from any web site.
Creative Media Spark reserves the right, at its sole discretion, to change, modify, add or delete portions of these terms of use at any time.
Most recently updated January, 2017.
PRIVACY POLICY – Terms of Use · TM ® & © 2017 CommunicationAcceleration.com
a property of Creative Media Spark Inc. All Rights Reserved.
