Terms of Use

Terms and Conditions of Use Agreement

1. BY ACCESSING, BROWSING, OR USING THIS WEBSITE, YOU  ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, ACCEPTED, AND AGREED TO OUR TERMS AND CONDITIONS OF USE WITHOUT LIMITATION OR QUALIFICATION.  YOU FURTHER UNDERSTAND, ACCEPT, AND AGREE THAT ANY OTHER INCONSISTENT AGREEMENT BETWEEN YOU AND PARKINSON'S DISEASE FOUNDATION, INC. OR THE PDCREATIVITY PROJECT ABOUT USE OF THIS WEBSITE IS SUPERSEDED AND OF NO FORCE OR EFFECT.

2. NOTICE OF COPYRIGHT.  Website content (herein referred to as Content) is subject to copyright protection.  All submissions of creative works on this website are displayed with the written consent of their owners.  Said owners maintain copyrights of their works, including exclusive rights of reproduction and distribution.  The Content may not be copied, displayed, distributed, or used other than for non-commercial educational, personal, or family reference with all copyright or other proprietary notices retained.  Except as expressly provided, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Content or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such Content without the express written consent of the PDCreativity Project, Parkinson's Disease Foundation, Inc. (PDF), World Parkinson Congress Inc. (WPC) or the owners of the copyrights in the pertinent submissions.

3. USE OF WEBSITE.  The information provided on this website is for general informational, educational and entertainment purposes only.  Your access to and use of the information contained in this website is subject to this Terms and Conditions of Use Agreement.

4. CONTENT.  Any information on PDCreativity.org together with all text, graphics, software, images, products, services, and submissions comprising Content, whether obtained from other organizations addressing Parkinson's disease, government organizations, creative persons living with Parkinson's disease, or elsewhere, is for informational purposes only.  Please keep in mind that the Content is not intended to be a substitute for professional medical advice, diagnosis or treatment.  You should not rely on the Content contained herein for diagnosing a health or fitness problem or disease, or for selecting or receiving any kind of pharmaceutical or other form of treatment, or for participating in any form of clinical research.  Always seek the advice of your physician or other health provider with any questions you may have regarding Parkinson's disease or any other medical condition.  Never disregard professional medical advice or delay in seeking it because of something you have read on PDCreativity.org.  The PDCreativity Project does not endorse or recommend any specific products, processes, services or clinical research.

5. DISCLAIMER OF WARRANTIES.  Neither the PDCreativity Project, PDF, nor any party involved in creating, producing, delivering or maintaining PDCreativity.org makes any warranties or representations of any kind as to the accuracy, currency, completeness, timeliness or availability of the Content provided through PDCreativity.org.

THE INFORMATION, SERVICES AND CONTENT PROVIDED THROUGH PDCREATIVITY.ORG ARE PROVIDED "AS-IS", "WITH ALL FAULTS" AND "AS AVAILABLE".

YOU AGREE THAT ACCESS TO AND USE OF PDCREATIVITY.ORG AND THE INFORMATION, SERVICES AND CONTENT PROVIDED THERE THROUGH IS AT YOUR OWN RISK.

THE PDCREATIVITY PROJECT, PDF, AND EACH OTHER PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING PDCREATIVITY.ORG DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY. PDCREATIVITY.ORG IS PROVIDED TO YOU AS A FREE INFORMATIONAL SERVICE. NEITHER THE PDCREATIVITY PROJECT, NOR PDF, NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING PDCREATIVITY.ORG SHALL BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO ACCESS TO, USE OF, OR INABILITY TO USE PDCREATIVITY.ORG OR ANY CONTENT OR SERVICES PROVIDED THERE, OR ANY ERRORS OR OMISSIONS IN PDCREATIVITY.ORG'S CONTENT OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE PDCREATIVITY PROJECT, PDF, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, DELIVERING OR MAINTAINING PDCREATIVITY.ORG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH, AS WELL AS DAMAGES TO YOUR COMPUTER EQUIPMENT, INCLUDING DAMAGES THAT MAY BE CAUSED BY OR ARISE FROM A VIRUS THAT INFECTS YOUR COMPUTER EQUIPMENT.

7. CLAIMS. Any claim arising in connection with your use of PDCreativity.org or any Content (including, without limitation, any information, product, or service) must be brought within one (1) year of the date that the event giving rise to such claim occurred. Without prejudice to the Disclaimer of Warranties in Section 5 and the Limitation of Liability in Section 6, and at the PDCreativity Project's or PDF's sole election, the PDCreativity Project or PDF may settle in full any claim brought by you arising out of or relating to any allegedly inaccurate or defective information, product, or service you received from or through PDCreativity.org by replacing that information, product, or service with accurate information or a non-defective product or service, or by refunding the reasonable amount, if any, actually paid by you for that product, information or service.

8. INDEMNIFICATION. You agree to indemnify, defend and hold harmless the PDCreativity Project, PDF, WPC, the owners of the copyrights in the creative works submitted to PDCreativity.org, and any other party involved in creating, producing, delivering or maintaining PDCreativity.org and each of their respective officers, directors, employees, agents, suppliers, independent contractors, heirs, legatees, personal representatives, successors and assigns from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms and Conditions of Use.

9. PRIVACY. We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information and personal health information are set forth in our Privacy Policy, which is incorporated herein by this reference. Please take some time to review our Privacy Policy. Your assent to these Terms and Conditions of Use constitutes your assent to our Privacy Policy.

10. LINKS TO AND FROM PDCREATIVITY.ORG. Unless otherwise notified by us, you are free to link to PDCreativity.org so long as it is clear that the linked Content belongs to the PDCreativity Project, PDF, WPC, or the owners of the copyrights in the creative works submitted to PDCreativity.org, and that such Content is no0t your own.  As a courtesy we ask that you provide us with written notice of the location of the link, the page (if separate from the site as a whole) you are linking to, and your assurance that you disclaim any association between your website and PDCreativity.org.  PDCreativity.org may contain links or references to other websites maintained by persons over whom the PDCreativity Project and PDF have no control. Such links are provided merely as a convenience. Neither the PDCreativity Project, nor PDF, nor any party involved in creating, producing, delivering or maintaining PDCreativity.org makes any warranties or representations of any kind as to the accuracy, currency, timeliness or completeness of any information contained on other web sites or the information collection and disclosure practices of other websites, and neither the PDCreativity Project, nor PDF, nor any party involved in creating, producing, delivering or maintaining PDCreativity.org shall have any liability for any damages or injuries of any kind arising from such other web site content, information collection or disclosure practices. Inclusion of any link to or from PDCreativity.org does not imply an endorsement or recommendation by the PDCreativity Project or PDF. Please see our Privacy Policy for further information about links from PDCreativity.org.

11. SUBMISSIONS.  We encourage you to contact us; however, you agree that you will not send or transmit to us by email any communication or content that infringes on or violates any intellectual property rights or other rights of any person.  Furthermore, if you submit any business information, idea, concept or invention to us by any means (including email), you agree such submission is non-confidential for all purposes and the PDCreativity Project and PDF will have no obligation of any kind with respect to such information. Finally, you automatically grant and/or warrant that the owner of such content or intellectual property has expressly granted us a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. We may sublicense our rights through multiple tiers of sublicenses.  The PDCreativity Project and PDF shall be free to use any ideas, concepts, know-how or techniques contained in any such communication for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the PDCreativity Project, PDCreativity.org or PDF.

12. TRADEMARKS. The names, logos, domain names, trademarks and service marks of the PDCreativity Project(SM), PDCreativity.org(SM), Parkinson's Disease Foundation®, and PDF®, whether or not appearing in large print or with a service mark or trademark symbol, are service marks and trademarks of the Parkinson's Disease Foundation, Inc.  The names, logos, domain names of World Parkinson Congress(SM) and WPC(SM) are service marks and trademarks of World Parkinson Congress Inc.  The use or misuse of these trademarks, services marks or any other materials, except as permitted herein, is expressly prohibited.  Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any trademark or service mark of the PDCreativity Project, Parkinson's Disease Foundation, Inc., or World Parkinson Congress Inc.

13. VOID WHERE PROHIBITED. PDCreativity.org and its Content are intended to comply with the laws and regulations in the United States.  Other countries and jurisdictions may have laws, regulatory requirements and medical practices that differ from those in the United States. PDCreativity.org may have links to other sites, some of which are outside the United States. Those web sites may have information that is appropriate only to that particular originating country.

14. GOVERNING LAWS. This Terms and Conditions of Use Agreement and your use of PDCreativity.org shall be governed by the laws of the United States of America and the State of New York without regard to their conflicts of law principles. Any legal action or proceeding related to this web site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, New York.

15. UPDATES. We may at any time revise these Terms and Conditions of Use by posting such change to PDCreativity.org. You are bound by any such revisions, and you should therefore periodically visit this page to review the then current Terms and Conditions of Use, to which you are bound.

16. ASSIGNMENT. We may assign these Terms and Conditions of Use with or without notice to another organization or to a third party acquirer of PDCreativity.org.

17. MISCELLANEOUS. If any provision of this Terms and Conditions of Use Agreement is held to be unlawful, void, or unenforceable, then such provision shall be deemed severed without affecting the enforceability of all remaining provisions. Our failure to exercise any right or remedy available upon your breach of this Terms and Conditions of Use Agreement or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (i) our rights or remedies, (ii) the requirement of punctual performance or (iii) any right or remedy in connection with a subsequent breach or default on your part. We reserve the right to alter or delete Content on PDCreativity.org at any time at our discretion.
    

18. COMPLETE AGREEMENT. This Terms and Conditions of Use Agreement and our Privacy Policy constitute the entire agreement between you and us with respect to the use of PDCreativity.org and the Content hereon.