This site is owned and operated by Creative Boom Limited (“Creative Boom”, “we” or “us”). These terms and conditions govern your use of the thecreativeboom.com website (our “Site”), including but not limited to, the Creative Boom Directory and the Creative Boom Jobs Board, and govern your relationship with Creative Boom.
All activities and actions performed on our Site are subject to these terms and conditions. All users, both unregistered visitors and members, are subject to these terms and conditions. By using or contributing to or registering with our Site you enter into a binding contract with us on the following terms and conditions. If you do not accept these terms and conditions, you should not use our Site.
Registering with and accessing the Site
You agree to provide true, accurate, current and complete information about yourself when registering with the Site and agree to maintain and promptly update your registration data to keep it true, accurate, current and complete.
You are responsible for maintaining the confidentiality of any username and/or password provided to you. You agree to be responsible for any unauthorized use resulting from a failure on your part to maintain the confidentiality of any username and/or password provided to you. You agree to immediately notify us of any unauthorized use of your registration or password.
We reserve the right, at our sole discretion, to suspend or terminate your registration and to deny access to our Site or any part of our Site at any time and for any reason whatsoever without notice.
You understand that you are responsible for all data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), communicated by you whether publicly posted or privately transmitted. Under no circumstances will we be liable in any way for any Content, including (without limitation) any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of your use of any Content. You agree that you must evaluate and bear all risks associated with the use of any Content including any reliance on its accuracy or completeness.
You agree not to:
- Upload, post, email or submit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, embarrassing to another person or entity or racially, ethnically or otherwise objectionable;
- Upload, post, email or submit Content that infringes any intellectual property rights of others or that reveals trade secrets or that infringes the publicity rights of others without first obtaining their permission;
- Upload, post, email or submit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Upload, post, email or submit sexually explicit Content or Content that harms or may harm minors in any way;
- Upload, post, email or submit Content which is inaccurate or misleading;
- Impersonate another person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any Content;
- Collect or store personal data about other users;
- Upload, post, email or submit Content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
- Violate any applicable national or international laws or regulations.
We reserve the right in our sole discretion to remove or refuse to publish any Content for any reason whatsoever at any time and without notice.
You agree to indemnify and hold us and our subsidiaries, affiliates, employees, officers, agents or partners harmless from and against any direct or indirect loss or damage (including consequential loss and loss of profits, goodwill or business opportunities arising from any third party claim in relation to any Content you upload, post or email or submit on or through our Site, or arising from any breach by you of these Terms and Conditions.
All rights in the design, text, graphics, and other material on our Site and the selection or arrangement thereof are the copyright of us or other third parties.
As a user, you may view, print and download the material for your own personal use only (but not in a systematic or regular manner so as to create a database of the contents).
You agree not to reproduce the material or transmit it to or store it in any other website or disseminate it in any other form.
You agree not to sell or modify the material or reproduce, display, publically perform, distribute, or otherwise use the material in any way for any public or commercial purpose without the express written permission of the copyright owner.
You grant to us a world-wide, royalty-free, irrevocable, non-exclusive licence (including the right to sub-licence) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any Content (in whole or in part) you upload, post or submit and/or to incorporate such Content in other works in any form, media or technology.
From time to time we may in our sole discretion permit users to use the “Creative Boom” and/or “CB” name and/or logo on other websites, including but not limited to, social networking sites (“Third Party Sites”). If you wish to use the Creative Boom and/or CB name and/or logo you must obtain written permission from a director of Creative Boom. Where such permission is granted we reserve the right in our sole discretion to withdraw such permission for any reason whatsoever and at any time. You agree to immediately remove the Creative Boom and/or CB name and/or logo from any Third Party Sites in the event that our permission is withdrawn and agree not to do anything which would or may harm the Creative Boom brand or the goodwill of Creative Boom.
Advertising and sponsorship
Advertisers and sponsors agree to ensure that material submitted for inclusion on our Site complies with any applicable national or international laws or regulations or codes. We do not accept responsibility for any errors or inaccuracies contained in advertising and sponsorship material.
We reserve the right in our sole discretion to remove or refuse to publish any advertisement for any reason whatsoever at any time and without notice.
Exclusions and limitations
We do not provide materials on the Site for any specific purposes or persons. Accordingly, it is not intended to be relied upon in making any particular decisions and appropriate independent advice should be obtained before doing so.
We do not represent or warrant that:
- access to our Site, or any part of it will be uninterrupted, reliable or fault free;
- our Site or any of its contents will be accurate, complete, reliable, true or suitable for any purpose;
- we endorse any opinions expressed by users of the Site; or
- any services (whether or not provided by us) will be provided with due care and skill.
To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
- any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our Site or any information on our Site;
- the unavailability of our Site (or any part of it) or services;
- any delay in providing, or failure to provide or make available services or any negligent provision of services;
- any misrepresentation on or relating to our Site or any services.
You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
You agree that each of these limitations and exclusions is reasonable having regard to the nature of our Site.
None of the exclusions or limitations shall exclude or restrict our liability for death or personal injury caused by our negligence or shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the re-supply of our site or services to you.
Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the availability or content of any website outside our site and shall not be responsible for any transaction concerning goods or services available from such sites.
From time to time we may advertise competitions and/or prize giveaways on our Site. Prizes are supplied and distributed by third parties over whom we have no control and, therefore, we cannot accept any responsibility arising out of a third party’s supply or distribution of any such prizes.
Each of these exclusions or limitations shall be construed as a separate, and severable, provision of these Terms and Conditions.
We reserve the right at any time without notice to revise the content of our Site and these terms and conditions. Any changes to these terms and conditions will be posted on our Site and by continuing to use our Site you agree to be bound by any such revised terms and conditions.
Any notices you wish to send to us should be sent to us by email at firstname.lastname@example.org or by post at Creative Boom Ltd, Office 135, 111 Piccadilly, Manchester, M1 2HX.
Any notices that we may wish to draw to your attention will be displayed on our Site.
If any part of these Terms and Conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
Third party rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from under that Act.
These Terms and Conditions shall be governed by and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction to resolve any disputes between us.