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Please read these terms and conditions and acceptable use policy carefully before using this site.
This site is owned and operated by Creative Boom Limited ("Creative Boom", "we" or "us"). We are registered in England and Wales under company number 07437294 and have our registered office at Suite 6, 19 Lever Street, Manchester, England, M1 1AN. These terms and conditions and our acceptable use policy (these Terms) govern your use of the creativeboom.com website (our "Site"), including but not limited to, the Creative Boom Jobs Board, and govern your relationship with Creative Boom.
All activities and actions performed on our Site and interactions with our Site are subject to these Terms. All users, including but not limited to both unregistered visitors and members, are subject to these Terms. By using or contributing to or registering with our Site, or accessing our podcasts, you enter into a binding contract with us on these Terms and agree to them.
If you do not accept these Terms you should not use our Site. These Terms refer to the following additional terms, which also apply to your use of our 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 unauthorised 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 unauthorised 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 to you.
We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. 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.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use only and you may draw the attention of others within your organisation to content posted on our site (but not in a systematic or regular manner so as to create a database of the contents).
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. 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.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these terms of use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
You agree not to sell or modify the material or reproduce, display, publicly 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 worldwide, 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 including but not limited to all data, text, software, music, sound, photographs, graphics, video, messages or other materials of any kind (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.
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources and accept no responsibility for them. You connect to such sites at your own risk.
This Site may include information and materials uploaded by other users of the Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.
You understand that you are responsible for all data, text, software, music, sound, photographs, graphics, video, messages or other materials of any kind ("Content"), communicated by you whether publicly posted or privately transmitted in connection with our Site. 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. We do not, however, exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
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.
You may use our Site only for lawful purposes. You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way.
To bully, insult, intimidate or humiliate any person.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see content standards below).
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms.
Not to access without authority, interfere with, damage or disrupt: any part of our Site;
any equipment or network on which our Site is stored;
any software used in the provision of our Site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our Site, including, without limitation:
Chat rooms.
Bulletin boards.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our Site (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
Creative Boom Limited will determine, in its discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
Be accurate (where it states facts).
Be genuinely held (where it states opinions).
Comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
Be defamatory of any person.
Be obscene, offensive, hateful or inflammatory.
Bully, insult, intimidate or humiliate.
Promote sexually explicit material.
Include child sexual abuse material.
Promote violence.
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any copyright, database right or trade mark of any other person.
Be likely to deceive any person.
Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
Promote any illegal content or activity.
Be in contempt of court.
Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
Be likely to harass, upset, embarrass, alarm or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person.
Give the impression that the Contribution emanates from Creative Boom Limited, if this is not the case.
Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
Contain any advertising or promote any services or web links to other sites.
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).
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms constitutes a material breach of them and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
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. Any advertisement or sponsorship may be the subject of a separate contract between us.
You agree that we may collect, store, and use information about you in accordance with our privacy policy. You acknowledge and agree to be bound by the terms of our privacy policy.
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:
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:
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.
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.
Notwithstanding any other provision of these Terms we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Different limitations and exclusions of liability may apply to liability arising as a result of the supply of any products or services to you, which will be set out in any separate contractual arrangement.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our site; or
use of or reliance on any content displayed on our site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
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.
Each of these exclusions or limitations shall be construed as a separate, and severable, provision of these Terms.
We reserve the right at any time without notice to revise the content of our Site and these Terms. Any changes to these Terms will be posted on our Site and by continuing to use our Site you agree to be bound by any such revised terms. Every time you use our Site please check these Terms to ensure you understand the terms that apply at that time.
Our site is made available free of charge.
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and that they comply with them.
Any notices you wish to send to us should be sent to us by email at [email protected] or by post at Creative Boom Limited, Suite 6, 19 Lever Street, Manchester M1 1AN.
Any notices that we may wish to draw to your attention will be displayed on our Site.
If any part of these Terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these Terms will not be affected.
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.
If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
These Terms, together with our privacy policy, set out the whole of our agreement and supersede any previous agreements, arrangements, undertakings or proposals.
If our business is sold or integrated with another business, your details may be disclosed to our advisors and any prospective purchaser's advisers and will be passed on to any new owners of the business. We can transfer our rights and obligations under these Terms to any third party, provided this does not adversely affect your rights under these terms.
We have put in place various security procedures to minimise the risk of unauthorised access or disclosure and to safeguard and secure the information we collect online. However, the internet is not a secure medium, and we cannot guarantee the security of any data you disclose online. You accept the risks of providing information and dealing online over the internet and will not hold us responsible for any breach of security unless such breach is due to our negligence or wilful default.
Last Updated: January 2021
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